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 o