Dear ,

Factories Act does not have any restriction against the upper age limit. There is no bar on a person to work after sixty under the Factories Act, it is only the entry age which is regulated.

The retirement age is normally guided by the Service rules of individual Organisations. Some has it at 58, some at 60 some at 65 and there is no legal restriction in this regard.

Hence, the Management is free to fix the retirement age. Once, it is fixed, the retirement age is given strictly adhered to, since any deviation can create a precedent. For this reason there is usually strict and well laid out procedures regarding extension, which are usually as follows:

An application for extension is forwarded by the Departmental Head to the Top Management, which approves the same and forwards it to the CEO who sanctions the same. Some Companies even requires the Sanction from a Director.

This extension is usually given for a fixed period as renewable/non-renewable contract as either in the same rank or as a consultant and the option is available for Management Level Employees only.

Regards,
Feroz