Retirement age

V. VASUDEVAN (Querist) 25 March 2012 This query is : Resolved
Can a organization fix a lesser retirement age say 45 for its employees in executive and management cadre.
vasudevan

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Sudhir Kumar, Advocate (Expert) 25 March 2012
In match industry and cracker industry the regirement age is below 25.

That depends n the need of the organisation based on the natur eof business.

Guest (Expert) 25 March 2012
No such restriction.

V. VASUDEVAN (Querist) 25 March 2012
Dear Experts, I would like to clarify the context of my query. In few of the states, the Standing Order is applicable to employees of the COmmercial Establishment, by virtue of specific amendment to the S&E Act. In cases where the standing order is applicable, then the retirement age has to be in line with the Model Standing Order!
Would appreciate your advise
Vasidevan

Guest (Expert) 25 March 2012
Dear Vasudevan,

The earlier replies were based purely on the nature of your question depending upon part facts provided by you earlier. Even now you have still not provided the background of the case, as well as the provisions of the Certified Standing Orders of the organisation, if already approved by the certifying authority and adopted without any objection from the workers union.

So, in my views, still your question is incomplete.

I hope, as a legal counsel, you can well appreciate that any assumption without full facts can prove to be fatal.

V. VASUDEVAN (Querist) 25 March 2012
Dear Mr. Dhingra
Thanks for your valuable time and instant response. I completely appreciate your views and the brief is key to an expert's views. An organisation in Mumbai, registered under the S&E Act and does not have any workmen proposes to introduce a moderate age for retirement to its Managerial employees. As you are aware the Bombay S&E Act, by insertion of Sec 38A has applied the Model Standing Orders where the employees count is more than 50. Query is
if the organisation can recruit managers with the terms of employment fixing the retiring age say around 45.
THanks
Vasudevan

Guest (Expert) 25 March 2012
Dear Shri Vasudevan,

Thanks for your clarification providing some background. Model Standing Order is for guidance of industries providing some set guidelines on which the Standing Order has to be made by the concerned organisations. If your organisation feels that the age of retirement should be 45 years, the organisation can substitute the age content and submit for approval of the Certifying Authority. But, it should also be ready to justify its stand on that issue to the certifying officer and the staff union.

BUT, I wonder, if the provisions of the Standing Orders Act can be made applicable on managerial staff!