JOSE CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) Navaniti Prasad Singh, CJ The petitioners, who are all employees of Kerala Minerals and Metals Ltd., a Government of Kerala undertaking, are aggrieved by the judgment dated 9.5.2017 passed by the learned Single Judge in W.P.(C) No.3447 of 2017. They had filed the writ petition seeking enhancement of the age of superannuation. Learned Single Judge directed the State to consider the same within three months. This appeal is being aggrieved by the aforesaid direction.

(2.) We have heard Sri.M.R.Rajendran Nair, learned Senior Counsel appearing for the appellants, learned Standing Counsel appearing for the Company as also the learned Government Pleader and we see no reason to interfere.

(3.) Whether the age of superannuation is to be extended or not is a decision, which vests in the Board of Directors of the Company and the State, being the solitary shareholder. It is a commercial decision and at this stage, the maximum that this Court can do is to direct them to take a decision in the matter. It W.A. No.1029 of 2017 is then submitted that there are large number of employees, whom the Management, at their own whims and caprices, re-employ after superannuation, without any principle or guideline.