- (1.) This appeal by special leave arises from an industrial dispute between Guest, Keen, Williams Private Ltd., (hereafter called the appellant) and its workmen represented by Guest, Keen, Williams Staff Association (hereafter called the respondent) which was referred for adjudication to the Fifth Industrial Tribunal, West Bengal, Calcutta, by the Government of West Bengal on 29-12- 1954. Three questions were the subject-matter of the reference: "(1) If the system of forced retirement of workmen at the age of 55 as introduced by the management in May 1954 is justified (2) To what relief the workmen are entitled on retirement and (3) If the forced retirement of the workmen named in the attached list is justified - To what relief including reinstatement and or compensation are they entitled - These three questions were answered substantially in favour of the appellant by the tribunal; but on appeal by the respondent, the Labour Appellate Tribunal has reversed the findings of the tribunal and has substantially answered the questions in favour of the respondent. The correctness of this decision is challenged by the appellant by its present appeal.
(2.) The appellant is a company incorporated with limited liability under the Indian Companies Act. It carries on business at 41, Chowringhee Road, Calcutta. Its business is engineering and manufacturing of engineering products. It has a factory at Howrah where about 5000 workmen are employed.
(3.) After the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946) (hereafter called the Act) came into force on 23-4-1946, the appellant submitted its draft standing orders for certification to the certifying officer. On 19-12-1953, the certifying officer duly certified the said orders after giving the trade unions or the appellant's workmen an opportunity to be heard and after considering their objections. Against the said orders no appeal was preferred by the respondent, and so they became final and operative as conditions of service between the parties.;