JUDGMENT

M.P. Singh, J. - This bunch of writ petitions, filed by the employees belonging to Group 'C' of the U. P. State Road Transport Corporation (hereinafter referred to as the Corporation), primarily is concerned with the age of superannuation. Whether it is 60 years or 58 years.

2. The relevant facts, of each writ petition are substantially similar. They need not be discussed in detail. It will be sufficient if the broad features of terms and conditions of employment and the relevant rules regarding superannuation are considered.

3. Before 1946 the condition of service of industrial employees were invariably ill defined and were hardly ever known with even slight degree of precision to the employees. There was no uniformity in condition of service for employees discharging identical duties even in the same establishment. The conditions of service were in the form of oral arrangement which left the employees at the mercy of the employer.

4. In order to regulate the service, conditions of such employees the Parliament enacted "The industrial Employment (Standing Orders) Act, 1946" (hereinafter referred to-as the Standing Orders Act). The object of this Act was to require the employer to make the condition of employment precise and definite and known to the employees. It further intended to prescribe these conditions in the form of "Standing Orders."

5. The terms 'Standing Order' is defined in Section 2 (g) of the Act to mean rules relating to matters set out in the schedule.

6. The matter of superannuation was not included in the schedule. So the age of retirement could not be prescribed by the standing Orders, certified under the Act or under the Model Standing Orders framed under the Central Rules or the U. P. Rules.

7. The age of retirement was added to the schedule of the Standing Orders Act by the Central Rules vide notification No. CSR 30 (E) dated 17-1-1983. It fixed the age of retirement as 60 years which was subsequently revised in the year 1984 vide notification No. GSR 1040 dated 20th September, 1984. It fixed the age of retirement as 58 years.

8. U. P. Rules added age of retirement' to the schedule vide Item No. II-C Published in the U.P. Gazette dated 10th February, 1978 but the age of superannuation has not been prescribed in the Model Standing Orders framed under the U. P. Rules. Thus, the age of superannuation of a workman covered by the Standing Orders Act was 58 years.

9. Standing Orders framed under the Standing Orders Act, were certified in respect of (1) Central Workshop (2) Chunniganj Workshop, and (3) Juhi Workshop, Kanpur in the year 1972. They were applicable to the workman engaged in technical side only. Their application was excluded-to the employees governed by the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules or any other Rules that may be notified by the State Government.

10. These Standing Orders were framed before the Constitution of the Corporation. These Standing Orders became applicable to the workmen engaged on the technical side. They would not apply to those employees who were governed by the Fundamental Rules. These Standing Orders have statutory force and prevail over contrary terms of employment. It provided age of superannuation as 60 years.

11. The Constitution of India took special case of the living wage and service conditions for the workers. Article 43 provides that the State shall endeavour to secure by. suitable legislation to ail workers a living wage, conditions of work ensuring a decent standard of life. The provisions so made aimed at establishing a socialistic State as envisaged by the preamble. It was to secure a good standard of life and economic security to the workers. It also ensured full enjoyment of pleasure and social cultural opportunity. In a sense this article has brought a sort of revolution in labour legislation.

12. Industrial Employment (Amendment and Miscellaneous Provisions) Act, 1956 introduced a new Secti