Ranju_9666 (Service) 10 September 2009
R.R. KRISHNAA (Legal Manager) 10 September 2009
The company has all rights to modify the retirement age of persons depending upon the changing circumstances and other necessary factors. The employees cannot insist or compel that the retirement age should be only 60 years. The company has taken this decision in the interest of the affairs of the company as it is passing through a difficult phase of progress. Employees cannot question this issue because company has taken such decision in the interests of the company’s survival.
Interests and survival of the company is paramount that any other factor.
There are innumerable judgments on this issue to hold that company has powers to modify the rules of retirement in order to suit the needs of the changing circumstances, demands and interests of the company.
Ranju_9666 (Service) 10 September 2009
But can the Company do such a thing selectively, i.e for only 5% of its employees, whereas the change does not affect 95% of its employees?
Ranju
Ranju_9666 (Service) 10 September 2009
Then again, the Company's present financial position has turned around since the last 3 years and is totally in the green. Hence the question of the Company being in a financial crisis at the present times does not arise at all
Ranju
R.R. KRISHNAA (Legal Manager) 10 September 2009
Regarding your first querry, I like to say that a company has powers to do selectively provided it shows good reasons for the same. If there are no good reasons for doing selectively, then you can challenge the same before the court.
Regarding your second querry, I can say that financial crisis alone need not be a ground for the company to modify the retirement rules. There may be other vital and necessary factors which may influence and lead to such decision. The company has the right to show necessary factor. But if the reason or factor is not important or vital then you have the right to challenge the same. It all depends on the reasons given by the company, that your challenge will lie or not before the court.
Ranju_9666 (Service) 10 September 2009
Thanks for the advice.
Sudhir Kumar, Advocate (Advocate) 22 October 2014