By the Court.—The petitioners are Class-I or Class-II employees of U.P. State Warehousing Corporation or U.P. State Agro Industrial Corporation and on attaining the age of superannuation, i.e. 58 years, have been directed to retire, whereagainst they have filed the present writ petitions claiming that they are entitled to continue upto the age of 60 years. Since, common questions of law and facts are involved in all these matters, as requested and agreed by learned Counsel for the parties, these matters have been heard together finally at this stage under the Rules of the Court and are being decided by this common judgment.

2. In all these Petitions, the petitioners are employees of U.P. State Warehousing Corporation (hereinafter referred to as UPSWC) and have challenged the orders of authorities informing them about their retirement on attaining 58 years of age i.e. the age of superannuation.

3. In Writ Petition No. 59708 of 2007, the petitioner is working as Warehouse Superintendent and was to attain age of 58 years on 31.12.2007. Vide order dated 18.6.2007, the Managing Director, UPSWC informed him about his superannuation on 31.12.2007 whereagainst he has approached this Court in the aforesaid writ petition.

4. In respect to other petitioners, who are employee of UPSWC, the post on which they were working, date of retirement and the date of the order requiring them to retire on attaining the age of superannuation of 58 years (impugned order) is given in the following chart :

Writ Petition Post he held Date of retirement Date of order of

No. on attaining 58 competent authority

years intimating date of

retirement

60570 of 2007 Warehouse 31.1.2008 31.8.2007

Superintendent

52175 of 2007 Senior Warehouse 31.10.2007 9.10.2007

Superintendent

33681 of 2007 Regional Manager 31.7.2007 25.1.2007

44923 of 2007 Warehouse 30.6.2007 14.6.2007

Assistant

39113 of 2007 Warehouse 31.8.2007 19.2.2007

Superintendent

5. The writ petition No. 55780 of 2007 has been filed on behalf of U.P. Agro Adhikari Karmachari Kalyan Samiti challenging order dated 19.5.2007, whereby the State Government has informed the Managing Director, U.P. State Agro Industrial Corporation Ltd. (hereinafter referred to as UPSAICL) that the State Government has not approved UPSAICLs proposal for extension of age of retirement of their employees from 58 years to 60 years. Therefore, have also sought a writ of mandamus commanding respondents to allow all the members of the petitioners association to continue in service till the age of 60 years.

6. The facts giving rise to the writ petitions filed by the employees of UPSWC, in brief, are stated hereunder and for the purpose of reference, the writ petition No. 59708 of 2007 is taken up as the leading case.

7. The Parliament enacted Warehouse Corporation Act, 1962 (Act No. 52 of 1962) (hereinafter referred to as 1962 Act) providing for incorporation and regulations of corporations for the purpose of warehouse of agricultural products and certain other commodities and the connected matters thereof. There are two types of Corporations contemplated under 1962 Act, one is Central Warehousing Corporation and another is State Warehousing Corporation. In the present case, we are concerned with the State Warehousing Corporation. Section 18 of 1962 Act empowers the State Government to establish a Warehousing Corporation of the State with the approval of Central Warehousing Corporation and by notification in the official Gazette. It is not disputed that UPSWC is a State Warehousing Corporation constituted by the State of U.P. in exercise of powers under Section 18 of the aforesaid Act. A State Warehousing Corporation is a body corporate by the name notified under Section 18(1) having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract. It may sue and may be sued by the name it is notified. The Corporation is provided authorised capital divided into share