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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sushrut Arvind Dharmadhikari, Syam Kumar V.M.
Anilan.P.K. – Appellant
Versus
State Of Kerala, Represented By Secretary – Respondent
| Table of Content |
|---|
| 1. court observations on board authority under companies act. (Para 4) |
| 2. arguments regarding the authority and oversight of the board. (Para 6) |
| 3. the ruling regarding the board's autonomy in decision-making. (Para 7) |
| 4. conclusion to remand back for fresh consideration. (Para 8) |
JUDGMENT :
Syam Kumar V.M., J.
This Writ Appeal is filed challenging the judgment dated 07.04.2025 of the learned Single Judge in W.P.(C) No.11049 of 2024. Appellants were the petitioners in the said W.P. (C).
2. The W.P.(C) was filed seeking a declaration that the appellants/petitioners, who were working in Kerala Feeds Ltd., a State Government undertaking, are entitled to continue in service up to 60 years of age in view of the Board Meeting of the Company held on 14.01.2022 which decided to recommend to the Government for approval of enhancement of retirement age of employees from 58 years to 60 years. Issuance of a writ of mandamus directing the 1st respondent State Government to act on Ext.P4 letter forwarding the representation of trade unions and the board resolution requesting such enhancement of retirement age within a specified time and until then to retain the appellants in the service
The Board of Directors of a Company holds the authority to determine service conditions, including retirement age, without mandatory state approval.
Employees lack entitlement to enforce governmental decisions on retirement policy; continuation in service pending governmental approval is warranted.
The enhancement of retirement age is a policy decision of the government, not a right of employees, and cannot be mandated by the court.
The enhancement of retirement age is a policy decision of the government, and employees cannot claim a right to continue in service pending such a decision.
Court directed the State Government to expedite consideration of the Board resolution regarding the enhancement of retirement age for employees.
The enhancement of the age of superannuation requires governmental approval and is a matter of policy.
The determination of superannuation age is a policy decision of the government, requiring its approval for amendments, and courts cannot intervene without legal authority.
The central legal point established in the judgment is the applicability of G.O.Ms.No.15, dtd. 31/1/2022, which enhanced the age of superannuation of Government Employees from 60 years to 62 years, t....
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