Madras Rubbe Rfactory Limited (Mrf) v. Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-05-2025
CORAM
THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI AND WMP NO. 21600 OF 2025 MADRAS RUBBER FACTORY Limited (MRF) Represented By Its Authorised Signatory / General Manager, Mr. Jose Alphonse Petitioner Vs
1. Union Of India, Rep. By The Secretary to the Government, Labour Department, Puducherry.
2.The Commissioner Of Labour, Cum - Certifying Officer For The Union Territory Of Puducherry Under Industrial Employment (standing Orders) Act 1946, Labour Department, Puducherry.
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3.The Labour Officer (Conciliation), Labour Department Puducherry.
Respondents PRAYER:- Writ Petition filed under Art. 226 of Constitution of India, praying to issue a Writ of Certiorari to call for the records pertains to the impugned Modification order No.1of 2025 /247 in Standing Order No.4 of 2003 dated 07/05/2025 passed by the 2nd respondent and quash the same, as illegal. For Petitioner:
Mr.P.K.Harinath Babu For Respondents:
Mr.A.Tamilvanan, Addl. Govt. Pleader (Pondy) for R1 to R3
ORDER
This Writ Petition has been filed seeking to quash the impugned Modification Order No.1 of 2025/247 in Standing Order No.4 of 2003 dated 07.05.2025 passed by the 2 nd respondent.
2. On receipt of representations made by the trade union, the 2 nd respondent issued notice dated 10.03.2025 to the petitioner company, for which, 2/5
the petitioner had given a reply dated 11.04.2025 to the 2 nd respondent, in which the petitioner company had took the stand that the retirement age of 55 years is in force since the year 2003 and if it is increased, it would have further financial burden on the petitioner company and it is also against the terms of 12(3) settlement dated 13.12.2024. But without considering the valuable objections of petitioner company, the 2 nd respondent had passed the impugned modification order without assigning any reasons and enhanced the retirement age from 55 years to 58 years. Aggrieved over the same, the petitioner company had filed this Writ Petition.
3. On perusal of records, it reveals that already a long term wage settlement was arrived between the petitioner company and the Employees Trade Unions on 13.12.2024, wherein clause 52.1 of 12(3) settlement provides that during the settlement period, there shall not be further demand for financial benefits other than the existing benefits. Now the further demand of employees trade union to modify the clause 35 of the certified standing order to increase retirement age from 55 to 58 years would amount to violation of said clause. Hence, the reasons assigned by the petitioner company is justifiable one. Accordingly, the impugned modification order passed by the 2 nd respondent is ordered to be quashed and the 2 nd respondent is directed to consider the objections given by the petitioner company dated 11.04.2025 and dispose the same on merits within a period of eight weeks from the date of receipt of copy of this order.
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4. In the result, the present Writ Petition stands disposed of with the above direction. No costs. Consequently, the connected Writ Miscellaneous Petition is closed.
28-05-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp/mjs To
1. The Secretary To The Government, Union Of India, Labour Department, Puducherry.
2.The Commissioner Of Labour, Cum - Certifying Officer For The Union Territory Of Puducherry Under Industrial Employment (standing Orders) Act 1946, Labour Department, Puducherry.
3.The Labour Officer (Conciliation), Labour Department Puducherry.
4. The Public Prosecutor, High Court, Madras 4/5
T.V.THAMILSELVI J.
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