Insights on Retirement Age for Factory Employees and Relevant Laws

Dear Sir/Madam,

Please let me know the retirement age of an employee for factory workers (both permanent and contract workers).

Please answer the following questions:

1. What is the current law as per the Factories Act?
2. Is there any law regarding retirement age in the Provident Fund Act, ESI Act, Gratuity Act, or standing orders?
3. What is the current law as per the Labour Act?
4. What is the current law according to the Supreme Court of India?
5. Are there any other related laws?

Please clarify.

Thanks & Regards,
Avinash

Dear Avnish,

Whatever laws and acts you have mentioned regarding the age limit in a factory do not address the age limit in a factory. It is the certified standing orders of the company that define the terms and conditions of employment. Standing orders are accepted by management and worker representatives/union representatives, if any. Therefore, most companies have a maximum age limit of 58 years specified in their standing orders.

Regards,

JS Malik

As Malikjs said, there is no such (labour) Act which specifies the retirement age of employees in the private sector. Government departments have their own service rules that are part of their appointment and service conditions. Similarly, each establishment may have its own Standing Orders, whether mandated by the Industrial Establishments (Standing Orders) Act or not. These rules will outline the retirement age of employees within that establishment. If no such standing order is present, the retirement age will be mentioned in the appointment order itself.

Regards,
Madhu.T.K

Sir,

I want to know whether a central government employee, retired Librarian from the National Institute of Nutrition, Hyderabad, who has reached the age of 74 years - Mr. Chary, who is receiving a pension, can work for a medical college as the chief librarian.