ORDER :

Petitioner while serving as Sub-Engineer (Executive), Madhya Pradesh Warehousing and Logistics Corporation was served with a notice/order dated 21-6-2018 (Annexure P/5) with the communication that he shall attain the age of superannuation, i.e., 60 years on 31-7-2018 (date of birth 3-7-1958). Petitioner filed a representation dated 11-7-2018 (Annexure P/6) inter alia contending that in view of Regulation 13 of the Madhya Pradesh Warehousing Corporation Staff Regulations 1962 (for short, ‘the Regulations 1962), the date of retirement shall be 62 years in the light of the Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Sanshodhan Adhyadesh, 2018 published in Madhya Pradesh Gazette (Madhya Pradesh Ordinance No. 4 of 2018) on 31-3- 2018 (Annexure P/2) by which amendment incorporated in section 2 of Principal Act, in Rule 56 of the Fundamental Rules for the words “sixty years” occurring twice, the words “sixty two years” shall be substituted by the Government of Madhya Pradesh. The representation did not receive consideration paving way for the petitioner to approach this Court under Article 226 of the Constitution of India. Thereafter, the petitioner was superannuated and relieved on 31-7-2018 (Annexure P/8).

2. This Court has passed an order on 30-7-2018. The relevant portion thereof reads as under :

“However, the question of parity with the employees in the matter of age of retirement or superannuation referable to the resolution of the Board dated 5-3-1979 shall be dealt with on its own merits at the time of final hearing of the writ petition. In the event the petitioner is found entitled to any monetary benefits accrued to him on the post of Sub Engineer, the same stands protected as if the petitioner continued in service upto 62 years of age.”

3. Before adverting to the submissions advanced by rival parties, it is apposite to state facts directly involved over the controversy of age of retirement, i.e., whether ‘60 years’ or ‘62 years’ of Class-III employees of the Madhya Pradesh Warehousing and Logistics Corporation (for short ‘the Corporation’).

The Warehousing Corporations Act, 1962 (Act 58 of 1962) was enacted by the Union Legislature; parliament to provide for incorporation and regulation of Corporations for the purpose of warehousing of agricultural produce and certain other commodities and for matters connected therewith. The Act extends to whole of India except the State of Jammu and Kashmir. Section 2 – Definitions : clause (b) defined “appropriate Government”; means in relation to the Central Warehousing Corporation, the Central Government, and in relation to a State Warehousing Corporation, the State Government;

Under Chapter III provisions are made related to State Warehousing Corporations. Section 18(1) provides that the State Government may by notification in the official Gazette and with the approval of the Central Warehousing Corporation (established under section 3 of the Act) establish a Warehousing Corporation for the State under such name as may be specified in the notification.

Under section 18(2) of the Central Act, a State Warehousing Corporation established under sub-section (1) shall be a body corporate by the name notified under that sub-section, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and may, by the said name, sue and be sued.

Chapter V, Miscellaneous – Section 41(1) provides the power to make rules. The appropriate Government may, by notification in the official Gazette, make rules to carry out the purposes of the Act. Sub-section (2) provides the subjects in connection with the rules may be framed.

Section 42 provides that the Warehousing Corporation may, with the previous sanction of the appropriate Government by notification in the official Gazette, make regulations not inconsistent with the Act and the rules made there under to provide for all matters for which provisions is necessary or expedient for the purposes of g