D PRABHAKAR REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) As all the writ petitions raise common question of law and fact and since the contempt case arises out of an interim order passed in one of the writ petitions, they were heard together and are being disposed of by this common judgment. The petitioners in all these writ petitions are employees of Indian Drugs and Pharmaceuticals Limited (hereinafter referred to as "IDPL") - The IDPL Officers Association, IDPL (Hyderabad) Supervisors' Association and IDPL (Hyderabad) Workers Union, and others in their individual capacity, have filed writ petition in W.P. No. 4718 of 2001 assailing the order dated 26.02.2001, issued by respondent No, 1, namely Government of India, rolling back the age of retirement from 60 to 58 years in respect of employees of IDPL, serving below the Board level, as illegal and arbitrary. While some of the employees filed writ petitions in W.P. Nos. 15638, 15813, 16069, 16081, 16094 and 16206 of 2003, assailing their respective relieving orders, issued to them by IDPL through their Personnel Department, relieving them from their duties from the dates mentioned therein, as being illegal and arbitrary.

(2.) On the submission made by the learned Standing Counsel for IDPL that in pursuance of the status quo order dated 30.03.2001, passed by this Court in W.P.M.P, No. 7342 of 2001 in W.P. No. 4718 of 2001, they continued the petitioners in service upto the age of 60 years and retired, this Court vide order dated 07.08.2002 passed in W.V.M.P. No, 914 of 2001, filed by IDPL to vacate the status quo order, directed the listing of the writ petition itself for final hearing. While so, the petitioners alleging that IDPL despite passing of status quo order by this Court, in violation thereof, 'did not continue them in service upto the age of 60 years, and retired them at the age of 58 years, and that IDPL having retired them at the age of 58 years, made a misrepresentation before this Court that they continued the petitioners upto the age of 60 years, filed contempt case in C.C, No. 1415 of 2003, seeking to punish the respondents for contempt of the orders of the Court.

(3.) FACTS LEADING TO THE FILING OF THE WRIT PETITIONS To wit, the facts necessary for the disposal of this batch of writ petitions, may briefly be noted, and they run thus: Indian Drugs and Pharmaceuticals Limited (IDPL) is Government of India Undertaking. It was established in 1961 with the primary objective of creating self-sufficiency in essential life saving drugs and medicines. IDPL having become economically unviable, was declared as a sick industry by BIFR vide its orders dated 12.08.1992, In 1994, BIFR worked out a revival package for reviving IDPL in a period spread over 10 years. While so, in 1998, the Director, MGT, Public Enterprises Bhavan, Ministry of Industry, Department of Public Enterprises, vide Office Memorandum, dated 19,05.1998, communicated the decision of the Government of India, to enhance the age of retirement of below Board level employees of Central Public Sector Enterprises in the manner provided thereunder i.e. from 58 to 60 years. The Board of Directors of IDPL, in their 220th meeting held on 29.05.1998, resolved to adopt and implement the decision of the Government of India to increase the retirement age of their employees below Board level from 58 to 60 years, and accordingly IDPL, issued Circular dated 26.06.1998, increasing the age of retirement of their employees below Board level from 58 to 60 years.