- (1.) This is an appeal by special leave by the India General navigation and Railway Company, Ltd. (hereinafter called the appellant) , against the award passed by the Sixth Industrial tribunal, West Bengal, directing it to allow brojolal Chakraborty (hereinafter called the respondent) to continue in its service as if there had been no break and to pay him full wages for the entire period from I July 1955, within fifteen days of the publication of the award.
(2.) The industrial dispute which led to this award arose in this way. The appellant is a company incorporated in England under the english Companies Act; and it carries on, inter alia, business of overhauling and repairing inland river steamships, launches, barges, etc. For the purpose of carrying out its business the appellant; maintains a dock- yard among other places at Rajabagan, calcutta, which is known as the Rajabagan dockyard. At this dockyard 3,300 workmen are employed by the appellant.
(3.) The appellant had submitted its draft standing orders in accordance with the provisions of Industrial Employment (Standing orders) Act, 1946. and the same had been duly certified by the certifying officer. One of the said standing orders dealt with the question of retirement: and it provided that the workmen employed by the appellant shall retire from the services of the appellant on reaching the stipulated age or on completion of the stipulated number of years' service whichever came first in accordance with an agreement to be entered into by the appellant with the recognized registered trade union known by the name of India General navigation and Railway Employees' Union. This standing order, however, left it to the discretion of the appellant to offer an extension to its employees beyond the age of superannuation, and it further laid down that, in the absence of any agreement, the workmen shall retire on reaching the age of 55 years subject to the extension at the company's discretion.;