Certified standing orders do not provide for superannuation and the Model Standing Orders framed by the State Government are subject to agreement between the employer and workmen.

( 1 ) IMPUGNED herein is the retirement notice dated February 15, 1995 whereby the petitioner was notified that he would be attaining the age of 55 years on April 1, 1995 and consequently, retiring from the service of the company with effect from April 2, 1995 in accordance with the standing Orders of the Company. According to the petitioner, who had been serving articles to the department of electrical maintenance in the Factory of the 3rd respondent, the certified standing Orders of the Company do not provide for superannuation which according to the petitioner, is governed by the Model Standing Orders framed by the State Government of Uttar pradesh vide Notification No. 2651/xxxvi-3-5 (SC)-85 dated July 24, 1992 (Annexure 3)thereby prescribing 58 years as the a ge of superannuation. Accordingly, the petitioner has sought the relief for issuance of a writ in the nature of certiorari quashing the retirement notice dated February 15, 1995 and further a writ of mandamus directing the respondents 3 and 4 to treat the petitioner on duly entitled to all monetary benefits.

( 2 ) THE respondent-company was initially known as Great Eastern Electro Plating and in 1969, it was rechristened as M/s Geep Flash Light Industries Ltd. and on September 8, 1979, the company again underwent a change of name and came to be known as Geep Industrial Syndicate ltd. Allahabad arrayed as party respondent No. 3.

( 3 ) THE learned Counsel appearing for the petitioner canvassed that the certified Standing orders of the Company do not prescribe any age of superannuation which has been prescribed for the first time by the Model Standing Orders formulated by the Govt. of Uttar Pradesh vide notification aforestated. The learned counsel appearing for the respondent on the other hand, submitted that the superannuation being a termination of service on attaining a certain age, the provisions of Certified Standing Orders 25 would be attracted.

( 4 ) THEREFORE, the question herein that looms for consideration is whether the petitioner could be superannuated on attaining the age of 55 years by virtue of the Certified Standing Orders 25. For critical and analytical appreciation of the question, it would be useful to excerpt as under the standing Orders 25 in so far as it is germane to the controversy involved in the instant case. "notice regarding dismissal or resignation of the workmen. (a) Service of permanent workmen can be terminated without assigning any cause on giving 30 days notice or payment of wages in lieu thereof or for such longer period as may form part of a contract if any. Provided that in the case of workmen attaining the age of 55 years, their services shall be terminated on attaining of such age. Provided further that at the discretion of the management extension of service may be granted to such workmen to a maximum of five extensions of one year each"

( 5 ) SRI Vineet Saran, learned counsel appearing for the petitioner urged that Standing Order 25 is intended for application to a case of termination and not to a case of superannuation which is provided for in the Model Standing Orders 31 framed by the State Govt. of Uttar Pradesh as published in U. P. Gazette (Extra- ordinary) dated July 24, 1992 which is extracted as under: "31. Subject to the agreement between the employer and workmen, the age at which a workman will reach superannuation shall be 58 years. " the Standing Orders of the company in the instant case were initially certified on February 7, 1960 vide the Certificate of Standing Orders No. 664 (i) of 1960 issued under the signature of the certifying Officer, U. P. On February 8, 1960, It appears that the said certificate of Standing orders certified as above was amended from time to time but the Standing orders 25 extracted hereinabove have been modulated by any amendment. Section 4 of the Industrial Employment (Standing Orders) Act, 1960 stipulates the condition on the fulfilment of which the Standing orders are to