34 of 2001.
In the said agreement, it was stipulated It has been further agreed that the following fringe benefits shall be regulated as per Vth Pay Commission Report after its adoption by Central Government.
By reason of the impugned numberification dated 26.12.2000, the Board reduced the age of superannuation of its employees, except class IV employees, to 58 years.
The State of Madhya Pradesh enacted the Madhya Pradesh Industrial Relations Act, 1960 for short the 1960 Act with a view to regulate the relations of employers and employees in certain matters, to make provisions for settlement of industrial disputes and to provide for matters companynected therewith.
The Schedule appended to the 1961 Act provided for the standard standing orders and item No.
XV thereof relates to age of retirement.
The Central Government while accepting the recommendations of the Fifth Pay Commission fixed 60 years as the age of superannuation of its employees.
Age of retirement.
7255 of 2000.
The said writ petition was dismissed by a learned Single Judge of the High Court whereagainst the appellant herein preferred a Letters Patent Appeal marked as Letters Patent Appeal No.
The said agreement was registered in terms of Section 33 of the 1960 Act.
The said order came into force with effect from 13.5.1998.
On or about 19.10.1963, the Board purported to have adopted fundamental rules, supplementary rules and other service companyditions as in force in Madhya Pradesh Civil Services Temporary Service Rules, Civil Services Classification, Control and Appeal Rules.
Questioning the said numberification, the appellant herein filed a writ petition before the High Court of Judicature of Madhya Pradesh at Jabalpur which was marked as Writ Petition No.
In the year 1957, the respondent Board came into existence on re organisation of the State.
In the year 1961, the State of Madhya Pradesh also enacted Madhya Pradesh Industrial Employment Standing Orders Act, 1961 for short the 1961 Act to provide for rules defining with sufficient precision of certain matters relating to the companyditions of employment of employees in the State of Madhya pradesh.
The Board Thereafter issued a numberification dated 22.5.1998 adopting the numberification issued by the Central Government dated 13.5.1998 as a result whereof the age of retirement of the officers and employees of the respondent Board was enhanced to 60 years.
By reason of the impugned judgment dated 11.9.2001, the Division Bench dismissed the said appeal.
On or about 16.9.1976 by a numberification issued under Section 79 c of the Act, the Board adopted Madhya Pradesh Shasakiya Sevak Adhivarshiki Ayu Sanshodhan Adhiniyam, 1972 relating to the retirement age of government employees under FR 56 3 prescribing 58 years as the age of superannuation.
The erstwhile Electricity Board framed regulations in the year 1952 under Section 79 c of the Act known as General Service Conditions of Board Servants.
B. SINHA, J Introduction Whether an agreement despite expiry would prevail over a regulation made under Section 79 c of the Electricity Supply Act, 1948 for short the Act as regard the age of superannuation of an employee of the Respondent Board is the primal question involved in this appeal which arises out of a judgment and order dated 11.9.2001 passed by the High Court of Judicature of Madhya Pradesh at Jabalpur in L.P.A. No.
FACTUAL BACKGROUND The appellant is a registered Union of the employees of the Madhya Pradesh State Electricity Board for short the Board .
