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Supreme Court Of India

(From : Orissa)*

Hon'ble Judge(s): R. K. Agrawal, Abhay Manohar Sapre , JJ

Industrial Disputes Act (14 of 1947) , S.9A, Sch.4 Item.8— Notice of change - Enhancement of superannuation age of employees though temporary in nature - Amounts to privilege to employees - Unilateral withdrawal of such privilege amounts to contravention of S. 9-A. Words and Phrases - Word 'Privilege' used in eighth clause of Fourth Schedule of I. D. Act - Meaning of. S. 9-A of Act which makes it obligatory on part of employer that he is bound to give advance notice to employee if he intends to change certain things as envisaged under S. 9-A of Act read with Fourth Schedule. Eighth clause of Fourth Schedule says 'withdrawal of any customary concession or privilege or change in usage'. Whole dispute revolves around interpretation of terms customary concession, privilege or change in usage. Word 'privilege' as such is not defined in Act. Dictionary meaning of word privilege means 'special right, advantage or immunity granted or available only to particular person or ground'. In other words, particular and peculiar benefit or advantage enjoyed by person, company, or class, beyond common advantages of others. In present case, grievance of Trade Union before Tribunal was that withdrawal of age of superannuation i.e. restoration of age from 60 years to 58 years, amounts to contravention of Clause 8 of Fourth Schedule, hence, employer was bound to gi....