THE COIMBATORE MUNICIPALITY Vs. K. THIRUVENKATASWAMI

JUDGEMENT

(1.) These cases raise a question regarding the applicability of the Industrial Employment (Standing Orders) Act, 1946, (Central Act XX of 1946), hereinafter referred to as the Standing Orders Act and in particular Order 21 of the Model Standing Orders, framed by the Province of Madras in exercise of its powers conferred by S. 15 of the Standing Orders Act, to the employees of the Municipal Councils constituted under the Madras District Municipalities Act (Madras Act V of 1920), hereinafter referred to as the Municipalities Act. Though the writ appeal itself has become infructuous by efflux of time, it is necessary to refer to the judgment which is the subject-matter of the appeal, since practically every one of the petitioners in the connected writ petitions relies upon the said judgment in the affidavits filed in support of the respective writ petitions for claiming the reliefs they have prayed for.

(2.) The appellant in W. A. 503 of 1967 is the Coimbatore Municipality represented by its Commissioner. The respondent therein was an employee of the said Municipality working in the electricity department of the same. He was working at the relevant time as a wireman and he attained the age of 55 years on 26-12-1966. It was proposed to retire him from service in terms of the rules framed by the Province of Madras in exercise of the powers conferred on it by Section 74 of the Municipalities Act, since the age of superannuation for the municipal employees under Rule 14 of the said rules was attainment of 55 years of age. The respondent in the writ appeal put forward the contention that Standing Order 21 of the Model Standing Orders which prescribed the age of superannuation as the attainment of 58 years applied to him and therefore he ought not to be retired on his attaining the age of 55. It is the correctness of that contention which was considered by Kailasam J. in W. P. 2746 of 1966 (Mad.). This judgment of Kailasam J. is reported in Thiruvenkataswami v. Coimbatore Municipality, 1968 1 LLJ 361 (Mad.). The learned Judge posed for consideration the question whether the Electricity Department of the Coimbatore Municipality was an 'industrial establishment' falling within the scope of the Standing Orders Act and answered the same in favour of the petitioner in the writ petition. For the purpose of understanding the conclusion of the learned Judge, it is necessary to refer to certain statutory provisions. The Municipalities Act was passed in the year 1920 and Section 74 of that Act provided:

(3.) The. preamble to the Standing Orders Act states