J S CHAWALA Vs. HARYANA MINERALS LIMITED

JUDGEMENT

(1.) This is the second round of litigation between the same parties. Petitioner had earlier filed writ petition No. 2798 of 1993 challenging order dated 24/03/1993 passed by respondent, retiring the petitioner from services of the respondent with immediate effect. Admittedly, normal age of retirement in M/s. Haryana Minerals Ltd. (hereinafter referred to as the respondent-Company, for short) was 58 years at the relevant time and as per the date of birth of the petitioner, in normal course, he would have retired on 29/02/1996. Petitioner had not attained the age of 58 years when order dated 24/03/1993 was passed. The said order was apparently passed compulsorily retiring the petitioner from service. Writ petition of the petitioner was allowed by the Division Bench of this Court by order dated 8/02/1995 primarily on the ground that power to retire the petitioner compulsorily was not there with the respondents in its rules and regulations at the time when the impugned order dated 24/03/1993 was passed. In fact Resolution dated 7/09/1993 was adopted by Haryana State Industrial Development Corporation, Chandigarh, and the respondent-company also adopted the same vide its Resolution dated 7/01/1994. While allowing the writ petition and quashing order dated 24/03/1993, Division Bench passed the following order :- C.W. 2798/93 Rule D.B.

(2.) The petitioner has been compulsorily retired vide order dated 24/03/1993. It is now not disputed before us that the power to retire the petitioner compulsorily was not there with the respondents in its rules & regulations and such power has now been conferred vide resolution dated 7/09/1993 adopted by Haryana State Industrial Development Corporation, Chandigarh which also was adopted by respondent vide resolution dated 7/01/1994.

(3.) In view of these facts, the counsel for the respondent states that respondent shall take now necessary steps in accordance with the powers now available with the respondent and he does not support the impugned order now.