ATMA SINGH Vs. MUNICIPAL CORPORATION, LUDHIANA

JUDGEMENT

(1.) The petitioners in these 12 cases are working in the Fire Brigades being managed by the Municipal Corporation, Amritsar or the Municipal Corporation, Ludhiana. The short question that arises for consideration in these 12 writ petitions is - Are the petitioners entitled to continue in service till the age of 60 years or can they be retired at the age of 58 years ? Arguments in these cases have been addressed by Mr. H.S. Gill, Senior Advocate. He has referred to the facts as averred in Civil Writ Petition No. 554 of 1996. These may be briefly noticed.

(2.) The two petitioners had joined service as Firemen in the years 1963-64 with the Municipal Committee, Ludhiana. On the promulgation of the Punjab Municipal Corporation Act, 1976 (hereinafter referred to as the 1976 Act), a corporation was established in Ludhiana and the services of the employees working with the Committee were taken over by the Corporation. According to the petitioners, no rules have been framed determining their service conditions under Section 75 of the Act. It is further alleged that even if certain rules have been framed, these shall not be applicable "to the workmen who are governed by the Special law i.e. the Industrial Employment (Standing Orders) Act, 1946 ....." (hereinafter referred to as the Act). The petitioners point out that in case of the Firemen employed with the Fire Brigade, Chandigarh, the Central Administrative Tribunal has held that the employees are governed by the provisions of Fundamental Rule 56(1) and have a right to continue in service till they attain the age of 60 years. Relying on the same provision, the petitioners claim that they are entitled to continue in service till the age of 60 years. They allege that the respondent-corporation wanted to retire them in January 1996 when they had attained the age of 58 years. Aggrieved by this action, the petitioners approached this Court through the present writ petition with a prayer that the orders dated August 7, 1995 by which the petitioners were informed that their date of retirement is January 31, 1996, be quashed and that a writ in the nature of mandamus be issued directing the respondents to permit them to continue in service till they attain the age of 60 years.

(3.) The Respondent-Corporation contests the petitioners' claim. It has been pointed out that the petitioners are availing of all the facilities as provided for under the Punjab Civil Service Rules in respect of house rent allowance, casual leave, provident fund and gratuity etc. Consequently, even in the matter of the age of retirement the petitioners are governed by the provisions of the said rules. Furthermore, it has been pointed out that Fundamental Rules 56(1) has no application. It has been pleaded that the provisions of "the Industrial Employment (Standing Orders) Act, 1946..... have no applicability". In any event, the appropriate Government i.e. the Government of Punjab has framed the Model Standing Order No. 39. According to the provision contained in this Model Standing Order, in case where there is no agreement or settlement regarding the age of retirement, it has been provided that "retirement on superannuation shall be on completion of 58 years of age......." In view of this provision in the Model Standing Order, the action of the Respondent-Corporation in ordering the retirement of the petitioners on the last date of the month in which they had attained the age of 58 years was legal and valid. Accordingly, it has been prayed that the writ petition be dismissed.