S. ANTONY DAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners in these three writ petitions were officers working in the second respondent Company in different capacities. Their services were terminated, according to the petitioners, on the basis of directions issued by the Additional Chief Secretary (Industries and Commerce). The main contention urged by the petitioners is that after having reached the age of superannuation they were permitted to continue in the service of the second respondent in short spells of time and the Board of Directors of the Company had taken a decision to continue their services until fresh hands were appointed. It was taking into consideration their past services and the requirement of the Company, such a decision was taken by the Board of Directors. In between it seems that Government had issued directions to terminate their services, which according to the petitioners was not acceded by the Company and therefore, the Additional Secretary issued oral instructions to the Managing Director to terminate the services of the petitioners, even before starting proceedings of a meeting for which he was convened. It is in terms with the said direction that termination orders were issued to the petitioners, which is evident from Ext.P9.

(2.) ACCORDING to the petitioners, the Board has not taken a decision in the matter and the Board wanted the petitioners to continue in service despite the fact that the Government has a view that the service cannot be extended after superannuation from their respective positions.

(3.) HEARD the learned counsel appearing for the petitioners, the respondents and the learned Government Pleader.