Superannuation is not a condition of service that can be provided in the Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, and it is an important condition of service.

K. N. MISRA, J.

( 1 ) IN this application under Articles 226 and 227 of the Constitution the petitioner before us is the General Secretary of the City Distribution Division, Electrical worker's Union and the Cuttack Electric Supply Workers' Union.

( 2 ) THE short point that arises for consideration in this case is as to whether the opposite party Board is entitled in law to call upon the workmen in the employment of the Cuttack Electric Supply Co. Ltd. , whose services have now been taken over by the Orissa State Electricity Board, to retire from service on attaining the age of 55.

( 3 ) IT is not disputed that the Cuttack Electric Supply Co. Ltd. which was being managed by the Managing Agency M/s. Octavus Steel Co. Ltd. was taken over by the State of Orissa and was placed under the Orissa State Electricity Board. The company came before this Court in O. J. C. No. 31 of 1962 challenging the order of the State Government in taking over the undertaking and cancelling its liecnse. Ultimately the matter was settled on certain terms and the services of 135 workmen hitherto in the employment of the Company were taken over by the state Electricity Board. The Board issued fresh orders of appointment to the workmen and attempted to change the conditions of service. A dispute arose which led to tripartite agreement on 1-7-63 to which the State, the Electricity board and the Union were parties. It was decided, inter alia, (1) that the workmen previously seiving under the Company would be entitled to the same conditions of service as were applicable to them under the Board, and (2) that the Board would take urgent steps for drafting a set of standing orders and getting them certified in accordance with law.

( 4 ) IT is alleged that the opposite party Board committed violation of the terms of the agreement. Ultimately an industrial dispute was referred to the Tribunal in the following terms:

"whether the workers of the Company which was purchased by the board are entitled to continuity of service without any change in their conditions of service they were enjoying under the Company. " the Tribunal, after a regular enquiry, came to hold. "i conclude that the employees under the Company would have continuity of service while working under the Board without any change in their important conditions of service. But regarding other matters comparatively less important they would be governed by the Boards' rules. "

It is further contended by Mr. Ram for the petitioner that no rules have yet been framed by the Board in regard to less important conditions of service. The opposite party Board came before this Court mainly for expunction of the direction in the tribunal's Award that the workmen should have continuity of service while working under the Board without any material change in their conditions of service. The said writ application was dismissed on 15-3-65. The matter was carried in appeal before the Supreme Court and their Lordships of the Supreme Court by their judgment in Civil Appeal No. 967 of 1966 D/- 29-11-1968 (SC) dismissed the same.

( 5 ) ON 21-6-69. the Board superannuated some of the employees now working under the Board on the ground that they had reached the age of 55 and were, therefore liable to superannuate.

( 6 ) THE challenge in the writ application is that the direction to the workmen to superannuate on the ground that they have reached the age of 55 is without authority of law and such a direction runs counter to the direction in the Award. In 1950, there were a set of standing orders of the Cuttack Electric Supply Co. Ltd. There was no provision for age of superannuation therein. The contention of Mr. Ram is that superannuation is one of the important conditions of service and the direction in the Award is that in respect of such conditions the company's workmen employed by the Board, are to be governed by the terms of service in vogue under the Company, and, therefore, the Board, in the face of the direction in th