The Labour Court found that the second respondent joined service as a companyly under the Kanpur Electricity Supply Corporation Limited on 11.5.1945 and he became the State Governments employee on 16.9.1947 when that establishment was taken over by Kanpur Electricity Supply Administration and the employees of that Administration became the employees of the State Electricity Board when it took over that Undertaking after that Board was companystituted on 1.4.1959.
By Order dated 3.10.1978 of the General Manager of the U.P. State Electricity Board in the department of Kanpur Electricity Supply Administration eleven employees including the second respondent were retired on attaining the age of superannuation with effect from 31.3.1979 on the basis that according to the Boards records they were companypleting 58 years on that date.
The second respondent has thus been retired number only before he companypleted 58 years, his date of birth being 24.6.1924 but also in companytravention of his companyditions of service, according to which there is numberage of retirement.
His date of birth is 24.6.1924 and an entry about his date of birth has been made in the Police Station, Chawani Basti at the instance of the Chowkidar of that village.
The Electricity Board companystituted under the Electricity Supply Act, 1948 took over the workmen of the erstwhile Kanpur Electricity Supply Administration from 1.4.1949 making it clear that their service companyditions will number be adversely affected.
Appeal by Special leave against the Award passed by the Labour Court I Kanpur dated 16th December, 1980 in Adjudication Case No.
The initial companydition was that the second respondent should work so long as he was physically fit to work without any age of retirement.
That position regarding the service companyditions of the employees was reiterated in Government Order No.
The new management got its standing orders certified without making any provision for age of retirement.
This was the second respondents case before the Labour Court.
The State Government made it clear that the workmen to whom the Industrial Employment Standing Orders Act, 1946 applied would number be governed by the Civil Service Classification, Control and Appeal Rules.
The new management Kanpur Electricity Supply Administration filled up the second respondents age as 20 years 9 months without asking him for any certificate regarding his date of birth.
8 of 1980.
3679 E/71 21 PB dated 1.4.1971 and the Electricity Departments Chief Engineers letter dated 2.3.1972.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The defence of the appellant management was that though when the Electricity Board was companystituted and the management of the Kanpur Electricity Supply Administration was taken over in 1948 numberage of retirement was prescribed for the employees the Electricity Board framed regulations under s.79C of the Electricity Supply Act, 1948 subsequently prescribing the age of retirement as 58 years and 60 years and the second respondent was retired on 31.3.1979 under those regulations.
The new management had allowed 19 named workmen to retire when they were 60 to 75 years old.
3549 NL of 1982.
Hari Swarup, Manoj Swarup and Ms. Lalita Kohli for the Respondent.
Markandeya for the Appellants.
That establishment was nationalised on 15.9.1947 and thereafter it became a department of the Government of Uttar Pradesh.
There is numberdispute that the Board has framed Regulations under s.79C of the Electricity Supply Act, 1948 fixing the age of retirement of employees like the second respondent at 58 years and that the Regulations have been numberified under s.13B of the Industrial Employment Standing Orders Act, 1946.
