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1984 Supreme(Mad) 16

S.N.SUNDARAM
Pallavan Transport Corporation, (Metro) Madras-2 – Appellant
Versus
Presiding Officer, I Additional Labour Court, Madras, T. K. Krishnamurthy – Respondent


ORDER

1. The petitioner in these three writ petitions is the Pallavan Transport Corporation (Metro) Madras. The second respondent in each of these three writ petitions was a workman under the petitioner and they shall hereinafter be referred to as the workmen. The petitioner superannuated the workmen on their attaining the age of 55 years as per the details given below.

1. 30.6.1977 Krishnan Second Respondent in WP 2630/83.

2. 31.1.1978 Antony Joseph Second Respondent in WP 2631/83.

3. 28.2.1978 Krishnamurthy Second Respondent in WP 2629/1983.

The workmen contended that at the relevant point of time, the prescribed model standing orders under the Industrial Employment (Standing Orders) Act XX of 1946, hereinafter referred to as the Act, were in force and as per clause 21 thereof the age of superannuation could be only 58 and hence, the Orders of superannuation passed by the petitioner against them are illegal and then workmen should be deemed to be in service until each one of them attained the age of 58. The petitioner would maintain a stand that clause 11 of the Service Rules, under which the age of superannuation was fixed at 55, would govern and hence the orders of superannuation mu



























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