The Hindu Business Line : Madurai Bench upholds Tuticorin port’s decision on retirement age

The decision of the Tuticorin Port Trust to roll back age of retirement of its employees from 60 to 58 has been upheld by the Madurai Bench of Madras High Court.

Ruling on other ports

Quoting decisions of the Orissa, Bombay and Calcutta High Courts upholding decisions of Paradip, Bombay and Kolkata Port Trusts in reducing retirement age of their employees, the Madurai Bench ruled that if that was the state of law for three major ports, petitioner by no stretch of imagination could advance fancy arguments to take a different view in respect of Tuticorin port alone.

“This court is not persuaded to take a different view”, Mr Justice K. Chandrud said while dismissing petitions challenging the Tuticorin Port Trust Employees (Retirement) Amendment Regulations 2000.

Roll-back order

Due to a change of policy by the Central Government, all public sector undertakings were given power to roll back age of retirement. The Tuticorin port issued a regulation under Section 28 of the Major Port Trusts Act, 1963, rolling back age of retirement of its employees from 60 to 58.

Amendment of regulation was also published in Gazette of India by order dated June 8, 2000. It was this regulation which was under challenge.

According to petitioners, impugned regulations were unconstitutional and ultra vires of the Major Port Trusts Act, and they were arbitrary in nature.

Not agreeing with contentions of petitioners, the Judge ruled that alteration of age of retirement was made under statutory regulations made under the Major Port Trusts Act.

In its judgement relating to the Kolkata Port Shramik Union & others vs Board of Trustees of the Kolkata Port Trust [2002 (3) LLJ 1098], the Calcutta High Court upheld the decision of the port trust in rolling back age of retirement.

The Judge said that by dismissal of writ petitions, this court had neither created any right nor extinguished any right of petitioners.

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