JUDGMENT

KULDIP SINGH, J.:— S. P. Dubey, employed with the Madhya Pradesh State Road Transport Corporation, was retired from service on his attaining the age of 58 years. He claims that the age of superannuation was 60 years and as such his retirement at 58 was illegal.

2. We may state the necessary facts. Dubey joined service as a junior clerk with the Central Provinces Transport Services Limited (hereinafter called the company) in the year 1947. The Board of Directors of the Company by a resolution dated July 30, 1954 fixed the age of superannuation of all its employees except the drivers as 60 years. The company was purchased and taken over by the State of Madhya Pradesh by a notification dated August 31, 1955. The relevant part of the said notification is as under:

"The undertaking will as from the 31st August, 1955 be entitled. The Central Provinces Transport Services (under Government Ownership)". So far as the public is concerned there will be no change or Interruption in the course of business and the continuity of operation will not be disturbed and the existing staff will not be adversely affected with regard to terms and conditions of their services. The statutory instrum