KHOISNAM HERAMOT SINGH Vs. CHIEF ENGINEER POWER

JUDGEMENT

(1.) This writ appeal has been filed against the JUDGMENT & ORDER dated 12.6.96 passed by the learned Single Judge in Civil Rule No. 176/94.

(2.) The petitioner/appellant at the relevant time was a Head Lineman in the Electricity Department under the Government of Manipur and he was asked to go on retirement with effect from 28.2.94 on attaining the age of 58 years.

(3.) The admitted position is that the service of the petitioner was that of Grade-III. The contention before the Learned Single Judge was that he was entitled to continue upto the age of 60 years in view of the Fundamental Rule 56 (b) and he must be deemed to be a workman within the definition of F.R. 56 (a) & (b) alongwith note appended thereto. The learned Single Judge found that the petitioner was not a workman and as such he was not entitled to the benefit of F.R. 56 (b). Regarding other question whether the electricity department is an industry or not, that aspect of the matter was not decided by the Learned Single Judge as it did not call for any decision in the facts and circumstances of this particular case. Hence this Writ appeal.