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shrikant v. sathe (retired)     12 May 2011

Applicability of standing orders

              We, some 26 officers had been retired by a co-op bank at the age of 55.From the foundation of the bank to 2003 the officers wer retiring at the age of 58,and the award staff was retiring at the age of 55+3 years extension[after passing through heath exam.].Now in 2003 bank had abruptly changed the retiring age of officers from 58 to 55 .When we asked the bank about it they point out the clause in standing order which says 'each and  every employee will retire at the age of 55 and 3 years extension will be granted to himby mercy of the bank..Now my question is bank had given us loans up  considering the age of retiring as 58 before 2003.As we are officers,does standing orders apply tous? because bank always points to standing orders.Bank withdrws extension to award staff from 2003 to 2008 and continues it in 2010 again.some employees are taken in 2009 of agreement amount basis.Does all these acts by the bank are legal?Does standing orders apply to officer cader under B.R> act?



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 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     13 May 2011

The Standing Orders apply to workmen and not to officers (unless the certified standing orders of your bank has extended it to the officers cadre!). Even other-wise the Standing Orders provides for the retirement age of 55 and the discretionary extensions cannot be demanded as a matter of right. Also the Orissa Ghich Court (2011 LLR 472) in its Judgement of 21st April 10 has held that reducing of retirement age will not be a change in conditions of service under section 9A of the ID Act.

Vasudevan

jagadish paranjape (Advocate)     17 May 2011

The definition of employee under B.I.R.Act has undergone change recently and any one having<7500/-p.m.as basic salary is an employee,irrespective of nature of work.It appears that by this amendment every one working in co. Bank in maharashtra is employee and the standing orders apply to them. How ever I have not come across any standing orders prescribing 55 years as age of retirement.

RT.SHANKAR (ADVOCATE)     17 May 2011

I Also Agree Mr.Vasudevan Points,

The Standing Orders apply to workmen and not to officers (unless the certified standing orders of your bank has extended it to the officers cadre!). Even other-wise the Standing Orders provides for the retirement age of 55 and the discretionary extensions cannot be demanded as a matter of right. Also the Orissa Ghich Court (2011 LLR 472) in its Judgement of 21st April 10 has held that reducing of retirement age will not be a change in conditions of service under section 9A of the ID Act.


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