Facing Forced Retirement at 58: Can I Challenge My Company's New Exit Policy?

My company introduced an exit policy five months ago, stating 58 as the retirement age. I will turn 58 this December 2017. There is an option to extend for a year, but they have now refused to extend. We joined the company as part of a merger. Do I have any options to contest this decision if the company is right in their stance? Please help me.

VIJAYA

Dear Mr. Vijay,

What is the retirement age as mentioned in your appointment order? You have stated that you joined the company as a "Manager." Please clarify your statement regarding "there is an option of extending for a year."

By virtue of your designation, you do not come under the purview of the Industrial Employment Standing Orders Act and relevant rules. Retirement after attaining 58 years, in your case, appears to be fair.

In general, the retirement age is as per the state rules. What is your company profile? If it is a factory or establishment, the retirement rules apply as per standing orders, Factories rules, or shops and establishment rules. If the company does not want to extend your services, you cannot fight back on that reason.

My designation is V.P. Technology. Earlier, there was no retirement policy in place. It is an industry body, a non-profit organization. Recently, we have become a part of a merger with another company. In our previous company, the retirement age was 60. However, the management requested us to join early, so we have already joined before all the formalities are completed.

Dear Vijaya,

You do not come under the definition of a workman as per the IESO Act. You will be governed by the retirement age as mentioned in your appointment order, mutually agreed and accepted. If the organization is really in need of your service, you can apply for an extension of service depending upon circumstances.

Hi, my father has been working in a charitable trust since he joined, and there was no age limit on retirement. Even in his appointment letter, no such clause was mentioned. Now, this charitable trust is asking my father to retire based on his age as he is 60 years old. Is this valid? Can we request an extension?