VidhiSangh

Supreme Court of India · 19/04/2018

PARADEEP PHOSPHATES LIMITED versus STATE OF ORISSA & ORS.

[2018] 3 S.C.R. 507 · 2018 INSC 377

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Summary

The Supreme Court upheld invalidation of the employer’s rollback of retirement age from 60 to 58 without the prescribed notice. The implemented enhancement, though temporary and not incorporated into amended standing orders, conferred a service privilege. Its withdrawal attracted section 9A read with item 8 of the Fourth Schedule to the Industrial Disputes Act. Financial difficulties and the unchanged original rules did not excuse compliance. The employer’s appeals were dismissed.

Issues

  1. Whether withdrawal of the implemented retirement-age enhancement was withdrawal of a privilege.
  2. Whether the employer could dispense with section 9A notice because the enhancement was temporary and standing orders remained unchanged.

Provisions considered

Held

Result

Employer’s appeals dismissed; High Court’s affirmance of the Tribunal’s invalidation of the rollback sustained. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 507.