Worked in a Public Ltd.Company (SPIC Group - manufacturing company situated at Tuticorin) for 28 years in Staff cadre and promoted as Officer wef 01.01.2011 at 50 years. Company all of a sudden given retirement to 33 officers including myself, in black and white on 22.05.2013 citing service rules.
Service rules states that Management may for sufficient reasons retire an employee on completion of 50 years of age or 10 years of service; Reasons cited for giving retirement in the letter - " Due to various reasons, the economic scenario facing the Company is not conducive, to carry on the functioning in the current style and we are looking the ways and means for reducing the Operating cost. Moreover, the company is going to shutdown for a longer period to try and sort out the Co2 issue permanently" .
Hiding under the Service rule clause and Citing un-acceptable reasons, the company given retirement as I have completed 30 years service with 52 years.
No individual was aware of this rule except the Manaement, at the time of my promotion, Also I have given prior letter non willing for promotion. Also no copy of service rule was served to invididuals at the time of promotion, inspite of our repeated requests.
The company has well planned and with malice intention to retire all the employees above 50 years, promoted nearly 18 employees in staff cadre including myself at the age of 50 and then easily given retirement to all the Officers knowing well that service rule retirement claus, with malice and malafide intention
Also company has not settled retirement benefits till date, with no reply for any of our reminders. Only Gratuity and PF Settled.
Can I challenge the retirement as void and claim reinstatement, as there is no sufficient reason cited on my part to give retirement. Also all the three reasons cited in the retirement letter was proved to be wrong, as company has re-srated the plant within 5 months, 20 officers were again re-appointed, also no steps were taken to try new technology for a new Co2 plant during the shutdown period of 5 months.
What is the best legal option, can criminal case can be filed against company MD / GM.
Attached Service Rule copy and Retirement letter.
G.Balaji
