M.Arumugam v. Sail Refractory Company Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.Nos. 16713, 16715, 16716, 16719, 16722, 16730, 16735 & 16740 of and W.M.P.Nos. 16017, 16018, 16022 to 16029, 16037, 16038, 16046, 16047, 16054 & 16056 of 2022 M. Arumugam ... Petitioner Vs 1.

Sail Refractory Company Limited, Rep. by its Chief Operating Officer, Post Box No. 565, BSCL Road, Salem- 636 005.

2.

The Deputy General Manager (Personnel and Administration) Sail Refractory Company Limited, Post Box No. 565, BSCL Road, Salem - 636 005.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the order No.SRCL/P&A/21-22/262(C)/671 dated 18.06.2022 passed by the second respondent and to quash the same as being illegal, arbitrary and contrary to the Award dated 16.02.2006 passed in I.D. No. 592 of 2001 and 1/4

the order dated 06.03.2015 passed by the Certifying officer and confirmed on 20.11.2015 by the Appellate Authority under the Industrial Employment (Standing orders) Act, 1946 and for consequential direction to the first respondent to continue the petitioner workman upto the age of 60 years as the first respondent has agreed to absorb them by an agreement dated 25.04.2013 in overall settlement of the Award dated 16.02.2006 passed in I.D. No. 592 of 2001.

For Petitioner : Mr.V.Govardhanan For R1 : Mr.A.V.Arun Assisted by J.M.Abinu Munisha For R2 : No appearance COMMON ORDER When these matters came up for hearing, the learned counsel for both sides submitted that the subject matter of lis in these writ petitions is about raising of retirement age from 58 to 60 years.

2. It is the contention of the workmen that their age should be raised upto 60 years. Considering the prima facie case made out and the award passed, there was an interim order in their favour directing them to be continued in service till they attain the age of superannuation at the age of 60 2/4

years.

3. Pursuant to the interim order of injunction, these writ petitioners are also permitted to be continued by the respondent Managment upto the age of 60 years and they have worked and they have superannuated.

4. Accordingly, learned counsel for both sides submit that same can be recorded and the writ petition can be closed as nothing further remains to be adjudicated in these writ petitions.

5. Accorindgly, recording the above fact and recording the fact that nothing further remains to be adjudicated in these writ petitions, these writ petitions are closed. Consequently, connected miscellaneous petitions are also closed. No cost.

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D.BHARATHA CHAKRAVARTHY, J.

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