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URGENT: Retirement Age & Medical Unfit - Compulsory Retirement - Voluntary Retirement

(Querist) 31 July 2008 This query is : Resolved 
Dear Expert,

I have doubt. We are into a Pvt Transport company. there are some employees who does not have even offer / appointment letter.

There are a few persons who crossed 58years. is there any law/provision that we can make them retire/ voluntarily make them retire ?
as its a transport co, can we by force ask some employees who are medically unfit for that job /

please reply .urgent.
ESTHERPRIYA (Expert) 31 July 2008
Look you can do it by following appropriate procedures of natural justice principles and reasonable procedure for that. Though you dont have a appointment letter or offer letter for employing them. You must be having the vouchers and bills by which your company will be paying them. As per these rules they will be termed as casual labourers or contract labourers of your company. Thus by following appropriate procedure of law relating to the voluntary retirement and related labour laws, you can follow it but you are liable to pay them a reasonable amount and a internal memo relatng to age of retirement and other scheme you proposed has to be circulated within your company employees and labours concerned.
H. S. Thukral (Expert) 31 July 2008
An employee, without a specific date of superannuation in the appointment letter can work till he is medically fit to do the job. There is no bar in removing an employee when he is not fit to do the job whether the age of retirement has come or not. Such a removal is not even retrenchment in terms of section 2(OO) of the Act. Get the workmen medically examined by a Government Medical Officer. Suppose a driver develops eyesight problem, he can be removed by establishing the fact by a competent doctor.

Another way is that you give a notice to the workmen specifying the age of retirement, which should be in line with the practice in the region and industry. If no dispute is raised by the workmen, it will become a service condition after 21 days. If dispute is raised on this change, you are likely to get an award in your favour since the change is not unreasonable.
Balaram (Querist) 31 July 2008
Dear Mr. Harbhajan Thukal and Ms.Padma Priya.
Thank you for your reply.

Infact those are all under regular payrolls. they even contribute PF also. I believe as per the AP state, its 58 years. Now please tell me the possible way to get rid of this.

H. S. Thukral (Expert) 31 July 2008
As I said earlier you put a notice that wef certain date which should be 21 days after the notice, the retirement age of all employees shall be 58 years and then give a letter to individual employee stating there in that the date of birth of that particular employee in your record is _______ and he shall retire on _____ after attaining the age of 58 years . Get the letter signed by individual in confirmation.

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