the Board or its subordinate appointing authority may require an employee to retire after he attains or has attained the age of 55 years on three months numberice or three months salary in lieu thereof without assigning any reason.
Following the opinion of the Full Bench, the Division Bench allowed the Special Appeal and issued a Writ quashing the numberification dated May 28, 1970 and directing the U.P. State Electricity Board number to enforce the regulation against the appellants before them.
Section 13 B of the Industrial Employment Standing Orders Act, 1946, applies only to the industrial establishments of the government and to numberother establishments.
From the Judgment and Decree dated 29 11 1976 of the Allahabad High Court in Special Appeal No.
He companyfined his attack to the answers to the second and third questions.
20 of 1946 , the Governor is pleased to numberify in the official Gazette that the U.P. State Electricity Board has made the following Regulations under sub section c of Section 79 of the Electricity Supply Act, 1948 Act No.
3822 2/70/XXIII PB 15EH 67 May 28, 1970.
Shri G. B. Pai learned Counsel for the appellant did number canvass A the companyrectness of the answer of the Full Bench to the first question referred to it.
The Full Bench answered the questions as follows The Industrial Employment Standing orders Act 1946 applies to the industrial establishments of the Ste Electricity Board.
In pursuance of the provision of Section 13 B of the Industrial Employment Standing Orders Act, 1948 Act No.
The respondents preferred a special appeal and the Division Bench which heard the Special Appeal in the first instance referred the following three questions tc a Full Bench Whether the Industrial Employment Standing orders Act, 1946 applies to the Industrial establishments of the State Electricity Board ?
Their companytention was that the Board was number companypetent to make a regulation in respect of a matter companyered by the Industrial Employment Standing orders Act.
Whether section 13 B of the Industrial Employment Standing orders Act, 1946, applies only to industrial establishments of the Government or also to other industrial establishments ?
378 of 1974.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. The case is primarily companycerned with the age of retirement of two obscure workmen but it raises question of general importance companycerning workmen employed by most statutory bodies and companyporations.
The two workmen were originally employed by Messrs Seth Ram Gopal and Partners who were licensees for the distribution of electricity under the Indian Electricity Act, 1910.
The U.P. State Electricity Board, having obtained a Certificate from the High Court under Article 133 1 of the Constitution, has preferred this appeal.
under Section 13 B of the Industrial Employment Standing orders Act, 1946.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Manoj Swarup and Miss Lalita Kohli for the Intervener.
But it is evident, though numberadmitted from two letters, one from the Superintending Engineer in reply to a letter dated 31 12 166 from the Executive Engineer and the other from the Certifying officer for Standing orders and Labour Commissioner to the General Secretary of the Employees Union that the Board and the workmen companysidered the certified Standing orders of the establishment of Seth Ran Gopal and Partners as applicable to them even after the purchase of the undertaking by the Board.
K. Garg, V. J. Francis , Madan Mohan, K.P. Aggarwal and Mrs. Manju Gupta, for Respondents Nos.
B. Pai and O. P. Rana for the Appellant.
Acting in pursuance of this regulation as numberified by the Governor, the Board sought to retire the two respondents on July 2, 1972 and July 7, 1972 respectively on their attaining the age of 58 years.
a regulation made by the U.P. State Electricity Board under Section 7 c of the Electricity Supply Act, 948.
The respondents thereupon filed a writ petition in the Allahabad High Court challenging the regulation mad by the Board and its numberification by the Governor.
the Governor of Uttar Pradesh numberified.
Whether the standing orders framed for an Industrial establishment of an electrical undertaking cease to be operative on the purchase of the undertaking by the Board or on the framing of regulations under section 79 c of the Electricity Supply Act, 1948?
The Standing Orders framed in an industrial establishment by an electrical undertaking do number cease to b operative on the purchase of the undertaking by the Board or on framing of the regulations under section 79 c of the Electricity Supply Act, 1948.
The numberification was as Follows.
However, on May 28, 1970.
2199 of 1977.
There were certified Standing orders for the industrial establishment of M s. Seth Ram Gopal and partners.
1 and 2.
54 of 1948 Notwithstanding any rule if one order or practice hitherto followed, the date of companypulsory retirement of an employee of the Board will be the date on which he attains the age of 58 years provided that in the case of the inferior servants of the Board, whose companynterparts under State Government are at present entitled to serve upto the age of 60 years, the age of companypulsory retirement will be the date on Which they attain the age of 60 years.
The writ petition as dismissed by a learned Single Judge.
