Case: U.P. State Electricity Board and Another Vs. Labour Court (I) U.P., Kanpur and Others

The second respondent entered service as a coolie on 11.4.1945 under the then Kanpur Electricity Supply Corporation Limited. No d ate of birth was mentioned in his service card and there was no age of retirement for employees in that concern. That establishment was nationalised on 15.9.1947 and thereafter it became a department of the Government of Uttar Pradesh. 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. 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 new management got its standing orders certified without making any provision for age of retirement. The State Government made it clear that the workmen to whom the Industrial Employment (Standing Orders) Act, 1946 applied would not be governed by the Civil Service (Classification, Control and Appeal) Rules. The Electricity Board constituted under the Electricity (Sup ply) Act, 1948 took over the workmen of the erstwhile Kanpur Electricity Supply Administration from 1.4.1949 making it clear that their service conditions will not be adversely affected. That position regarding the service conditions of the emp loyees was reiterated in Government Order No. 3679- E/71-21-PB dated 1.4.1971 and the Electricity Departments Chief Engineers letter dated 2.3.1972. The initial condition was that the second respondent should work so long as he was physically fit to work without any age of retirement. However, the Kanpur Electricity Supply Administration retired the second respondent from 31.3.1979 on the ground that he has completed 58 years. This retirement is invalid for two reasons, namely that his date of birth is 24.6.1924 and that there is no age of retirement so far as employees like the second respondent who had joined service under the Kanpur Electricity Supply Corporation Limited are concerned. The new management had allowed 19 named workmen to retire when they were 60 to 75 years old. The second respondent has thus been retired not only before he completed 58 years, his date of birth being 24.6.1924 but also in contravention of his condition s of service, according to which there is no age of retirement. This was the second respondents case before the Labour Court.The defence of the appellant-management was that though when the Electricity Board was constituted and the management of the Kanpur Electricity Supply Administration was taken over in 1948 no age 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. It is open in law for the Electricity Board to frame regulations prescribing the age of retirement of its employees even where initially there was no age of retirement, as has been held by the Allahabad High Court and this Court. The second respondents retirement is valid and cannot be set aside.

Reasoning: A similar question arose before this Court in U.P. State Electricity Board and others v. Hari Shanker Jain and others to which two of us were parties. There it has been held that the Industrial Employment (Standing Orders) Act, 1946 is a special law in regard to the matters enumerated in the schedule and the regulations made by the Electricity Board with respect to any of those matters are of no effect unless such regulations are either notified by the Government under s.13B or certified by the Certifying Officer under s. 5 of the Industrial Employment (Standing Orders) Act, 1946. In regard to matters in respect of which regulations made by the Board have not been notified by the Governor or in respect of which no regulations have been made by the Board, the Industrial Employment (Standing Orders) Act shall continue to apply. In that case the regulation made by the Board with regard to the age of superannuation had been duly notified by the Government and it has been held that the regulation had effect notwithstanding the fact that it was a matter which could be the subject matter of standing orders the Industrial Employment (Standing Orders) Act, 1946 and that the respondents in that appeal had been properly retired when they attained the age of 58 years. In view of the admitted fact that the regulations framed by the Board under s.79C of the Electricity (Supply) Act, 1948 have been notified by the Government under s. 13B of the Industrial Employment (Standing Orders) A ct, 1946 we hold that the second respondent is bound by those regulations in which the age of retirement has bean admittedly fixed at 58 years and that he has no reason to complain against his retirement on that basis with effect from 31.3.1979. The appeal is accordingly allowed and the order of the appellant retiring the second respondent with effect from 31.3.1979 is upheld. It is, however, made clear that the second respondent shall not be liable to refund any amount paid to him under orders of the Court pending these proceedings and that he is entitled to draw the sum of Rs. 2, 000 which has been directed to be deposited towards his costs in this appeal.