IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 5306 of 2010(K) ------------------------- PETITIONER(S): --------------- K.K.C.ISMAIL, S/O.KOYAOPOPPU, AGED 58 YEARS,SR.ASST.(MATERIALS), M/S.STEEL COMPLEX LTD., FEROKE, CALICUT. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY,INDUSTRIES DEPARTMENT, GOVERNMENT SECRATARIAT, TRIVANDRUM. 2. M/S.STEEL COMPLEX LTD., FEROKE, CALICUT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, STEEL COMPLEX LTD, FEROKE, CALICUT. BY GOVT. PLEADER SMT. ANU SIVARAMAN - R1 ADV. SRI. T.V. GEORGE - SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO.5306 OF 2010 -------------------------------------------- Dated this the 18th day of February, 2010 JUDGMENT The petitioner is a permanent employee under the second respondent, which is an industrial undertaking owned by the first respondent. Admittedly, as per the standing orders governing the service conditions of the employees of the second respondent - company, the age of retirement on superannuation is 58 years. Ext.P2 is the copy of the standing order. According to the petitioner, since steps are already taken to take over the second respondent - Company by the Steel Authority of India, which is a Government owned company, and the age of superannuation in that company is 60 years, the petitioner is entitled to continue till the second respondent - company is taken over by the Steel Authority of India. He relies on Clause 20(a) of Ext.P2 which enables the second respondent to extend the service of its employees beyond the age of superannuation. According to the petitioner, if his service is extended beyond the age of 58 years, by invoking the said provision, he would be able to join the service of the Steel Authority of India in which case, he W.P.(c) NO. 5306/2010 2 would be able to continue in service up to the age of 60 years. The petitioner has, therefore, approached this Court for a direction to the second respondent to allow him to continue in the service of the second respondent beyond the age of retirement, viz., 58 years. 2. I heard Sri. T.V. George, learned Standing Counsel for the second respondent. I am afraid, the reliefs sought for by the petitioner cannot be granted by this Court. The service conditions of the employees of the second respondent including that of the petitioner are governed by Ext.P2 standing orders. As per Ext.P2, the age of retirement on superannuation is 58 years and, therefore, as a matter of right, the petitioner cannot claim that he should be allowed to continue in the service of the second respondent beyond the age of retirement. True, Ext.P2 contains a clause ,viz., 20(a) which enables the second respondent to allow the employees to continue in its service even after attaining the age of superannuation, viz., 58 years. But, that is a matter to be considered by the second respondent. The relief sought for by the petitioner to permit him to continue in service till the second respondent - company is taken over by the Steel Authority of Indian cannot be granted by this Court in view of the aforesaid situation. W.P.(c) NO. 5306/2010 3 This Writ Petition is, therefore, liable to fail and it is accordingly dismissed. But, at the same time, it is made clear that the dismissal of this Writ Petition will not stand in the way of the petitioner approaching the second respondent for allowing him to continue in its service beyond the age of 58, relying on Clause 20(a) of Ext.P2. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(c) NO. 5306/2010 4 C.T. RAVIKUMAR, J. W.P.(C) NO. 5306/2010 JUDGMENT 18th February, 2010 W.P.(c) NO. 5306/2010 5