BHOPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) WHETHER a care Taker Mechanic in the Locust Warning Organisation of Government of India is a workmen employed in an Industrial Establishment within the meaning of Fundamental Rule 56 (b) is a question that calls for determination in the present case.

(2.) THE petitioner challenges the impugned order dated 12. 2. 71 by which he has been retired with effect from 15. 2. 71 on his attaining the age of 58 years. THE petitioner's claim in the writ petition is that he is entitled to continue upto 60 years. He invokes Fundamental Rule 56 (b) which says that a workman who is governed by these Rules shall be retained in service till the day he attains the age of sixty years. Note under the said sub clause makes it clear that a workman means a highly skilled, skilled, semi-skilled, or unskilled artisan employed on a monthly rate of pay in an industrial or a work charged establishment.