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Synopsis

The Delhi High Court has overturned an order of the industrial tribunal that sought to raise the retirement age of employees at The Indian Express Group from 58 to 60 years with retroactive effect from 2009.

The bench of Justice Anish Dayal emphasized that such a decision involving a significant economic impact necessitates a thorough analysis considering various parameters.

Court noted that the industrial tribunal had not adequately considered relevant materials and had made an "irrational, fragile, perfunctory, and cursory assessment" to reach its conclusion.

The judge asserted the need for the court's intervention due to the tribunal's disregard for established parameters in revising service conditions or wages.

The dispute arose when The Indian Express Group challenged the industrial tribunal's order from July 31, 2023, which mandated increasing the retirement age to 60 years with consequential benefits from October 15, 2009. The tribunal directed the group to implement the order within sixty days or face interest payments.

Justice Dayal criticized the tribunal's decision based on slender reasons and disagreed with the comparison made between Express workers and employees in other organizations regarding retirement age.

The court highlighted the difference between a fixed retirement age and the option to extend it, urging proper consideration of materials and adherence to existing Model Standing Orders. 

“The Industrial Tribunal has also erred in taking the option of extendibility of the retirement age from 58 to 60 years in other newspaper establishments as a fixed retirement age of 60 years. There is a clear difference between a fixed retirement age and the option of extending the same by 2 years based on the health, performance, and other factors relating to the employee. Importantly, it is noted, that existing Model Standing Order still defines the age of superannuation at 58 years. Therefore, displacing the same in its application to the establishment necessitates proper consideration of materials, keeping in view above-mentioned observations and findings," the court said.

Court set aside the tribunal's order and remanded the matter for fresh adjudication, emphasizing a nuanced outlook, robust reasoning, and consideration of decisions by the Supreme Court and the High Court.

"Accordingly, the impugned order is set aside and the matter is remanded back to the Industrial Tribunal for fresh adjudication after considering all materials which may be placed by the parties in detail to be examined with a fresh nuanced outlook and robust reasoning, taking into account decisions of the Hon’ble Supreme Court and this Court, as noted above, and as may be presented by the parties," the court ordered. 

Case Title: The Indian Express P Ltd v. The Indian Express Newspapers Workers Union Regd and Anr.