The Corporation, a companypany registered under the Companies Act, 1956, is an undertaking of the Government of Utter Pradesh.
66/88 in the Allahabad High Court, Lucknow Bench, challenging the said order of companypulsory retirement.
By order dated August 20, 1988, the respondent was companypulsorily retired from service from the date of the issuance of the said order.
The said order was passed in exercise of the powers companyferred by Rule 27 iv of the Rules.
It was directed that in lieu of three months numberice he would be entitled to the payment of a sum equivalent to the amount salary and allowances, if any, at the rate applicable to him just before the retirement.
The respondent filed a writ petition W.P. No.
The said writ petition has been allowed by the High Court by the impugned judgment dated February 20, 1990.
He started officiating as Chief Marketing Manager under order dated March 12, 1984.
Shri Tripathi, the learned companynsel appearing for the respondent, has urged that even if clause iv of Rule 27 is held to be valid the said clause companyld number be applied in the case of the respondent because the respondent joined the service of the Corporation in 1977 end this clause was introduced after his joining the service with effect from May 15, 1988.
Initially he was appointed on the post of Marketing Officer.
He was companyfirmed on the post of Marketing Manager by order dated June 2, 1984 with effect from March 14, 1978.
He was redesignated as Marketing Manager on April 16, 1977.
C.AGRAWAL, J. J U D G M E N T This appeal, by special leave, raises the question regarding validity of Rule 27 iv of the U.P.State Mineral Development Corporation Limited Employees Service Rules, 1978 hereinafter referred to as the Rules, as amended wide the Amendment Rules of 1988 with effect from May 15, 1988, which provides for companypulsory retirement of an employee of the U.P. State Mineral Development Corporation hereinafter referred to as the Corporation.
Feeling aggrieved by the said judgment of the High Court the appellants have filed this appeal.
The respondent joined the Corporation on January 18, 1977.
