N. VENUGOPALAN S/O LATE K. NATESHAN AND OTHERS Vs. THE CHAIRMAN CUM MANAGING DIRECTOR, ITI LTD., THE ADDITIONAL DIRECTOR (P AND A), ITI LIMITED, THE UNION OF INDIA (UOI), MINISTRY OF INDUSTRY, DEPARTMENT OF PUBLIC ENTERPRISES REP. BY ITS DIRECTO

JUDGEMENT

(1.) THESE two writ appeals arise out of the common judgment dated 03.09.2003 passed by the learned Single Judge in a batch of writ petitions. W.A. No. 6812/2003 is filed by the Indian Telephone Industries Limited, Bangalore (hereinafter referred to as ITI, for short), whereas W.A. No. 2024/2004 is filed by the employees of ITI.

(2.) ITI is a public sector undertaking of the Central Government established during the year 1948 which is functioning under the administrative control of the Union Ministry of Communications and Information Technology. It is a company registered under the Mysore Companies Act, 1938. It has seven manufacturing units located at different parts of the country. Three of its units are located in Uttar Pradesh, Two in Karnataka, and One each in Kerala and Jammu and Kashmir. The company was initially producing electromechanical products i.e., strowger and crossbar telephone exchanges. It gradually switched over to manufacture of state of art electronic telecom equipment.

(3.) THE Central Government decided to enhance the age of retirement for the below board level employees of the Central Public Sector Enterprises. The Government of India, Ministry of Industry, Department of Public Enterprises, issued an Office Memorandum dated 19.05.1998 raising the age of retirement of the employees from 58 to 60 years. By another Office Memorandum dated 30.05.1998, the age of retirement of board level appointees in Central Public Sector Enterprises also came to be raised from 58 years to 60 years. The Ministry of Industry, Department of Public Enterprises made it clear vide Office Memorandum dated 21.08.1998 that the decision to raise the age of retirement was applicable to all the Public Sector Undertakings and in case, any Administrative Ministry or Public Sector Undertaking did not want to increase the age of retirement of its employees, specific exemption from operation of the aforesaid decision would be necessary. This Office Memorandum is produced at Annexure -B2 along with the writ petition. As per this Office Memorandum dated 21.08.1998 exemption from increase of age of retirement was provided to only that category of Public Sector Undertakings which were categorized as sick/unviable public sector undertakings and who did not wish to increase the age of retirement of their employees. They were permitted to seek specific exemption from the operation of the Government's decision.