ITI LTD Vs. VENUGOPALAN N

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 & 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 company has its certified Standing Orders. As per Clause 17(7) of the Standing Orders, the age of superannuation of the employees and officials of the ITI is fixed at 58 years, with a condition that the company may require an employee to retire at any time after he attains the age of 55 years by giving three months' notice. An employee may also voluntarily retire after giving three months' notice after attaining the age of 55 years. Provision is made for continuing in service upto the age of 60 years, subject to medical fitness. It is useful to refer to Clause 17(7) of the Standing Orders, which reads as under: