H.C. Mishra, J.

1. By order dated 9.1.2012, this matter was referred to this Larger Bench, the questions of reference being as follows:-

(i) Whether in spite of specific Rule-73 in Jharkhand Service Code, 2001 providing age of superannuation (compulsory retirement as it has been mentioned in Rule-73, which according to learned counsel for the parties, denotes superannuation), the employee can be superannuated on rendering service of 40 years on the ground that entry in service can be at the age of 18 years and one can enter into a contract after attaining the age of majoring which is 18 years in spite of fact that Rule only provides superannuation upon attaining age of 58 years?

(ii) Whether entering into service at the age of 18 years can be said to be against Section 11 of the Indian Contract Act, 1872 and is affected by Section 3 of the Majority Act, 1875 and the contracting party, who is below the age of 18 years (being minor) and whether that contract is illegal and void against such minor's interest so as to treat the service contract of such person who was not of the age of 18 years to be counted a valid contract from the age when he attains the age of 18 years?

(iii)