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PBS KUMAR (HR - PROFESSIONAL)     02 July 2011

Retirement age

Dear Experts,

 

Kindly tell me what is an private employee (PVt. Industries) retairment age limit. Came to know according to the Model Employment Standing Orders Act it was 58 years. But is it amended ? If so plaease supply any G.O, On this issue most urgent.

Regards,

PBS KUMAR



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 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     02 July 2011

I think it is 58.

ravi shankar sharma (advocate)     02 July 2011

yes....no amendments to this effect has been made in this regard & this is 58 yrs.

Kirti Kar Tripathi (lawyer)     02 July 2011

 

You are right that there is no age of retirement exists at present in Model Standing Orders. The provisions of retirement age were inserted in the Model Standing order in eighties or nineties but subsequently this was repealed. Normally the industries have their own standing orders which prescribe age of superannuation. If the industry does not have its own standing orders model standing orders prevails and since Model standing order contains no provision regarding retirement age, earlier the employee had a right  to continue in the employment till his death or resignation, However, his services could have been terminated after complying the conditions precedent to retrenchment as laid down in section 25F of the Industrial Disputes Act   but recently the Apex Court has held that an employee has no right to continue in the employment after 60 years.

 

PBS KUMAR (HR - PROFESSIONAL)     03 July 2011

Dear Tripathi ji,

In Model Standing Order  under Sec.3 says that the age of retairment is 58. If the Works Commettee is decided to enhance the age will be applicable where there is no certified standing orders. If that the commettee is also not there shall we continu to follow the Model Standing Orders ?

Regards,

PBS KUMAR

Kirti Kar Tripathi (lawyer)     03 July 2011

Model Standing Orders are  issued by the respective State Government, I don't know you are talking about smodel standing orders of which State. If thereexist ant suchprovisions of ModelStang Orders of your State the provision regarding  such model standing order shall apply,in case, there exist no certified standing orders of that perticular industry or no works commettee exist. 

PBS KUMAR (HR - PROFESSIONAL)     07 July 2011

Dear Mr. Kriti Kar Tripathi ji,

 

Please see the attachment of the extract of Model Industrial Employment Standing Orders, Sec.3 on Retairment of age i.e. 58 yrs.

 

Regards,

PBS KUMAR


Attached File : 8585 192482 56 model industrial employment.pdf downloaded: 102 times

Kirti Kar Tripathi (lawyer)     07 July 2011

This amendment has been repealed by 1991 amendment.

PBS KUMAR (HR - PROFESSIONAL)     08 July 2011

Dear Kirti ji,

 

The above attachment is 2008 edition, If you have the copy of 1991 please supply most urgent.

 

Regards,

PBS KUMAR

Kirti Kar Tripathi (lawyer)     08 July 2011

Sorry , Mr. Kumar,  at present I am not having the copy of the said goverment order but I will try to arrenge the same within few daysf.

sanjay (technical support)     09 July 2011

dear sir,

     In the above discussion it is stated,  in private organisation retirement age is 58. what is the significance of this in private organisation, does that mean private organisation can not set retirement age below this age or if any priavte organisation set retirement age as 50, anything wrong or illegal in it.

Lokendra Singh (Advocate)     09 July 2011

Work committee is internal matter of organisation. Retirement as will be as per approved standing order (58 or less) and if there is no standing order than it will be 58 yrs as per model standing order

Regards


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