Question No. 1 - Is it possible to file writ petition against the retirement of an employee who is working in Limited company as the government had enhance the age of retirement from 58 years to 60 years eventhrough the employer is not complying the proviso.
Question No. 2 - Who is the competent authority to file application for stay on Retirement and how much time the authority will take to pass an order on the stay application (Max. - Min.).
Question No. 3 - any other remedy available were i may file any application so that the matter would be resolved in quick way and stay may be received on retirement. because the employer had already retired more than 70-80 permanent employees after the date of notification.
other facts of the matter
employee is working in a Limited Company in Madhya Pradesh. He received an notice for retirement in the month of feb. by their employer and going to be retired on last day of April. Right now he is at the post of technician and salary is near about 21000/- (after all deduction 14000/-).
Gazette Notification for Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963 dated 28.06.14
In the Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963 in the Annexure, in serial number 14-A, the words “An employee shall retire from the service of the employer on the date he attains the age of 58 years. He may, however, be retained in service by the employer after the date of attaining the age of 58 years if his services are necessary in the interest of the undertaking,” shall be replaced by the words “An employee shall retire from the service of the employer on the date he attains the age of 60 years, and in the first proviso the words “if the age of retirement is not less than 58 years“ shall be replaced by the words” if the age of retirement is not less than 60 years” and at the end of this proviso the words “provided further that this amendment shall not apply to the employees of Corporation, Boards and undertaking of the state Government” shall be added.