Dear Mr. Madhu T K,
Q1. Where can I find the reference for retirement age?
Ans: For information on the retirement age, please refer to the state-specified Model Standing Orders or Clause-3 of Schedule 1[B] of the Central Rules. The retirement age is typically noted as either 58 or 60 [in some states ]. For your understanding, the Central Rules MSO is provided below:
The age of superannuation for a workman is determined by mutual agreement between the employer and the employee as stated in a binding agreement, settlement, or award. In the absence of such an agreed age, retirement or superannuation occurs when the workman reaches 58 years of age.
If there is a question about whether the retirement age outlined in the MSO applies even if there's an agreement or settlement between the employee and employer for a lesser age, consider the following judgments. These are cases in which companies have failed, from the certifying authority to the Supreme Court, to rely on agreed terms or a younger age than what is specified in the Model Standing Orders.
1. The Management Of M/S Grasim ... vs The General Secretary on 5 July, 2022 [ HC Division Bench ]
2. Management of Federal Mogul Goetz India Pvt Ltd., Vs ALC [ HC Note: an SLP filed by Mgt. before the Supreme Court was rejected ]
Q2. Is there a rule or judgment that mandates private establishments to provide employment until the age of 58?
Ans: While there is no explicit rule stating that private establishments must provide employment until the age of 58, it is implied from the above-referenced judgments that the age specified in the Model Standing Orders is binding for companies, failing which same is voidable.
Hope I made it clear to you.
Q1. Where can I find the reference for retirement age?
Ans: For information on the retirement age, please refer to the state-specified Model Standing Orders or Clause-3 of Schedule 1[B] of the Central Rules. The retirement age is typically noted as either 58 or 60 [in some states ]. For your understanding, the Central Rules MSO is provided below:
The age of superannuation for a workman is determined by mutual agreement between the employer and the employee as stated in a binding agreement, settlement, or award. In the absence of such an agreed age, retirement or superannuation occurs when the workman reaches 58 years of age.
If there is a question about whether the retirement age outlined in the MSO applies even if there's an agreement or settlement between the employee and employer for a lesser age, consider the following judgments. These are cases in which companies have failed, from the certifying authority to the Supreme Court, to rely on agreed terms or a younger age than what is specified in the Model Standing Orders.
1. The Management Of M/S Grasim ... vs The General Secretary on 5 July, 2022 [ HC Division Bench ]
2. Management of Federal Mogul Goetz India Pvt Ltd., Vs ALC [ HC Note: an SLP filed by Mgt. before the Supreme Court was rejected ]
Q2. Is there a rule or judgment that mandates private establishments to provide employment until the age of 58?
Ans: While there is no explicit rule stating that private establishments must provide employment until the age of 58, it is implied from the above-referenced judgments that the age specified in the Model Standing Orders is binding for companies, failing which same is voidable.
Hope I made it clear to you.