UNITED PROVINCES ELECTRIC. SUPPLY CO. LTD., ALLAHABAD versus T. N. CHATTERJEE

UNITED PROVINCES ELECTRIC. SUPPLY CO. LTD., ALLAHABAD versus T. N. CHATTERJEE

Clause 32 of Standing Orders, certified in 1951 prior to addition of retirement/superannuation schedule item, was not valid or binding on respondents; only after modification post-amendment did retirement age clause become valid, applicable to all employees, including those who joined before certification, with retirement age fixed at 58 years.

Parties
Appellant: United Provinces Electric Supply Co. Ltd.; Respondents: T. N. Chatterjee and Others
Jurisdiction
India
Judgment Date
13 March 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Award Dated May 19, 1967 of the Industrial Tribunal, Allahabad
Outcome
Appeal allowed
Legal Topics
Retirement Age Under Standing Orders, Binding Effect of Certified Standing Orders on Pre Certification Employees, Modification of Retirement Age, Res Judicata Principles in Industrial Disputes
Labour and Industrial Law Retirement Age Under Standing Orders Binding Effect of Certified Standing Orders on Pre Certification Employees Modification of Retirement Age Res Judicata Principles in Industrial Disputes

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Parties

United Provinces Electric Supply Co. Ltd.

Appellant

T. N. Chatterjee and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Award Dated May 19, 1967 of the Industrial Tribunal, Allahabad

Legal Issues

  1. 1 Is a retirement age clause in certified Standing Orders binding on employees who joined service before certification?
  2. 2 Was the retirement of workmen under certified Standing Order valid before appropriate schedule item existed?
  3. 3 Does High Court's remand order operate as res judicata?

Ratio Decidendi

Clause 32 of Standing Orders, certified in 1951 prior to addition of retirement/superannuation schedule item, was not valid or binding on respondents; only after modification post-amendment did retirement age clause become valid, applicable to all employees, including those who joined before certification, with retirement age fixed at 58 years.

Court Disposition

Appeal allowed

Orders

  • Order of Industrial Tribunal set aside
  • Workmen deemed to have continued in service until attaining age of 58 years