Case Note & Summary
The petitioner, Sunflag Iron & Steel Company Limited, challenged the judgment of the Industrial Court, Bhandara, which allowed a complaint filed by the respondent No.1, Sunflag Iron & Steel Mazdoor Sabha, a recognized union. The complaint was filed under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act), alleging that the petitioner's action to superannuate an employee at age 58 was in breach of certified standing orders, which prescribed a retirement age of 60 years. The petitioner raised a preliminary objection regarding the jurisdiction of the Industrial Court, contending that the dispute related to superannuation and should be adjudicated by the Labour Court under Item 1 of Schedule IV. The Industrial Court, after hearing the parties who agreed not to lead evidence, held that the complaint was tenable before it and found a violation of certified standing orders. By judgment dated 29 September 2014, the Industrial Court allowed the complaint and directed that the employee was entitled to continue in service till age 60. The petitioner challenged this decision in the High Court. The High Court examined the issue of jurisdiction and held that the Industrial Court had correctly assumed jurisdiction because the complaint alleged breach of certified standing orders, which falls under Item 9 of Schedule IV. The court noted that the certified standing orders prescribed the age of retirement as 60 years, and the employer's action to superannuate at 58 years was a violation. The High Court dismissed the writ petition, upholding the Industrial Court's order. The court also directed the petitioner to pay costs of Rs. 5,000 to the respondent No.1.
Headnote
A) Industrial Law - Jurisdiction of Industrial Court - Unfair Labour Practice - Section 28, Item 9 Schedule IV, MRTU & PULP Act, 1971 - The Industrial Court has jurisdiction to entertain a complaint alleging breach of certified standing orders under Item 9 of Schedule IV, even if the action also involves superannuation. The court held that the complaint was tenable before the Industrial Court and that there was a violation of certified standing orders. (Paras 2-4) B) Industrial Law - Superannuation Age - Certified Standing Orders - Item 9 Schedule IV, MRTU & PULP Act, 1971 - Where certified standing orders prescribe a retirement age of 60 years, an employer's action to superannuate an employee at 58 years amounts to an unfair labour practice under Item 9. The court directed that the employee was entitled to continue in employment till age 60. (Paras 4-5)
Issue of Consideration
Whether the Industrial Court has jurisdiction to entertain a complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, challenging the superannuation of an employee at age 58, when the employee claims entitlement to continue till age 60 under certified standing orders.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's judgment dated 29 September 2014. The court directed the petitioner to pay costs of Rs. 5,000 to the respondent No.1.
Law Points
- Jurisdiction of Industrial Court under Section 28 of MRTU & PULP Act
- 1971
- Item 9 of Schedule IV
- Certified Standing Orders
- Superannuation age dispute
