JUDGMENT :

1. The petitioners herein are working as Presiding Officers in various Industrial Tribunals in the State of Kerala. They have approached this Court seeking the following reliefs:

“(i) to declare that Sub Rule (ab) Rule 60 of Part I KSR that “a person appointed as Industrial Tribunal shall retire on superannuation at the age of 60 years” is invalid.

(ii) To declare that the retirement age of the Presiding Officers of the Industrial Tribunal as prescribed Section 7C(b) of the Industrial Disputes Act, 1947 i.e. 65 years.

(iii) To command the 1st respondent not to force the petitioners to retire before attaining the age of 65 years.”

2. The contentions raised by the petitioners can be summarized as follows:

(a) By Exts.P1 to P7 orders, the petitioners herein have been appointed as Presiding Officers of Industrial Tribunals in various Tribunals in the State of Kerala. Neither in the notification of the vacancy nor in the order of appointment, the appointing authority has prescribed the age of retirement of the appointees.

(b) Section 7C of the Industrial Disputes Act speaks about disqualification for the presiding officers of Labour Courts, Tribunals, and National Tribunals. It says