AVERY INDIA LIMITED vs THE SECOND INDUSTRIAL TRIBUNAL, WEST BENGAL

The Supreme Court held that the provisions of the standing orders regarding the age of retirement do not bind workmen employed before their introduction, as established under the Industrial Employment (Standing Orders) Act, 1946. The Court found that the High Court's ruling was inconsistent with prior decisions, specifically referencing Agra Electric Supply Co. Ltd. v. Shri Allcdin and others. The appeal was allowed, and the Tribunal's award modifying the retirement age was upheld, but the reinstatement of the second respondent was not mandated as he had already reached the age of 58.