On 11 June 1998, by a circular, an amendment was made to Rule 35 of the ITI Conduct, Discipline and Appeal Rules, 1975 (for short, ‘the said Rules’).
Also Read: https://newslaw.in/case-type/criminal/legal-analysis-juvenile-justice-act-and-incarceration-period/
The learned Single Judge directed the appellant to take note of various factors as indicated in the judgment while considering the issue of the reduction in the retirement age from 60 to 58 years. The submission of the learned counsel appearing for the appellant is that clause (17)(7)(iii) does not confer any right on any of the employees.
The learned counsel appearing for the respondents and/or intervenors urged that all that paragraph 28 of the impugned judgment directs is that the effect should be given to clause 17(7)(iii) and therefore, there is no reason for this Court to interfere with the said direction.
The Division Bench of the High Court in the impugned judgment has held that the decision of the appellant to roll back the age of retirement from 60 to 58 years cannot be faulted.
Also Read: https://newslaw.in/case-type/criminal/consensual-relationship-and-misconception-of-consent/
(i)
The age of Superannuation shall be 58 years but the Company, however, may require an employee to retire at any time after he attains the age of 55 years on three months’ notice without assigning any reasons; (ii)
The employee may also at any time after attaining the age of 55 years voluntarily retire after giving three months’ notice to the Company. However, discretionary power has been conferred on the appellant to continue an employee who has attained 58 years of age, till completion of the age of 60 years.
Also Read: https://newslaw.in/case-type/civil/moratorium-application-in-insolvency-case/
Therefore, we hold that clause 17(7)(iii) of the Standing Orders only enables the appellant – company to continue any employee in service till he or she attains the age of 60 years subject to medical fitness at the end of each year.
Case Title: CHAIRMAN-CUM-M.D. ITI LIMITED Vs. K.MUNISWAMY . (2023 INSC 194)
Case Number: C.A. No.-013398-013398 / 2015
