Amitava Lala, J - (1.) .:- This writ petitioner Union and the others are representing the cause of reduction of age of retirement by the employer company to the workmen from 60 years to 58 years following .the policy of the Government of India, Ministry of Chemicals and Fertilisers Department Chemicals and Petro Chemicals.
(2.) According to the petitioners the reduction of the age of retirement attracks the livelihood of the workmen at large of that employer company. Therefore the writ jurisdiction can be invoked for the purpose of redressal of grievance irrespective of having any alternative remedy.
(3.) The petitioners contended that the policy cannot be ipso facto applicable in respect of the employer company unless it has formally accepted by incorporating necessary changes in the Rules of the Company. In answer to the question as to whether there is any standing order or not, it was answered that there is no specific standing order of the above Industrial establishment, the same is covered by the Model Standing Orders as per the Industrial Employment (Standing Orders) Act 1946 and Rules framed thereunder. From the Schedule I B being Model Standing Order under the Industrial Employment (Standing Orders) Central Rules, 1946 it appears that the age of retirement is as follows : "The age of retirement of superannuation of a workman shall be as may be agreed upon between the employer and the workman under an agreement or as specified in a settlement or award which is binding on both the workman and the employer. Where there is no such agreed age, retirement of superannuation shall be on completion of 58 years of age by the workman".;