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Karnataka High Court dismisses the legal challenge to the statutory increase of the retirement age from 58 to 60 years.
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Directs Appellant industry to pay retirees unfit for reemployment 50% of the back wages for the period between date of retirement and date on which the medical examination is conducted.
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50% of back wages is payable to employees who retired from service on attaining 58 years on or after March 17, 2018.
A division bench of the Karnataka High Court (Dharwad bench), in its recent judgement1 dismissed the employer’s intra-court appeal challenging the government order increasing the retirement age of employees from 58 to 60 years. The Appellant is an ‘employer’ as per the Industrial Employment (Standing Orders) Act 1946 (“Standing Orders Act”) and the members of Respondent Union are workmen under the law.2
BACKGROUND
The Standing Orders Act requires the employers (to whom the law applies) to formally define the employment conditions. It includes matters pertaining to classification of workmen; shift working; suspension; dismissal; termination; procedure and conditions for leave; way of informing workmen regarding period, work hours, holidays and wage rates; attendance and late coming; requirements for entry and search; closing, re-opening and temporary stoppage of work and means of redressal for wrongful exactions and unfair treatment amongst others.
Further, the Standing Orders Act mandates the employer to submit the draft Standing Orders to Certifying...
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