{"id":179512,"date":"1983-10-06T00:00:00","date_gmt":"1983-10-05T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/u-p-state-electricity-board-and-vs-the-labour-court-i-u-p-kanpur-on-6-october-1983"},"modified":"2019-03-01T00:33:05","modified_gmt":"2019-02-28T19:03:05","slug":"u-p-state-electricity-board-and-vs-the-labour-court-i-u-p-kanpur-on-6-october-1983","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/u-p-state-electricity-board-and-vs-the-labour-court-i-u-p-kanpur-on-6-october-1983","title":{"rendered":"U.P. State Electricity Board And … vs The Labour Court (I) U.P., Kanpur … on 6 October, 1983"},"content":{"rendered":"
Supreme Court of India<\/div>\n
U.P. State Electricity Board And … vs The Labour Court (I) U.P., Kanpur … on 6 October, 1983<\/div>\n
Equivalent citations: 1984 AIR 1450, \t\t 1984 SCR (1) 282<\/div>\n
Author: A Varadarajan<\/div>\n
Bench: Varadarajan, A. (J)<\/div>\n
           PETITIONER:\nU.P. STATE ELECTRICITY BOARD AND ANOTHER\n\n\tVs.\n\nRESPONDENT:\nTHE LABOUR COURT (I) U.P., KANPUR AND OTHERS\n\nDATE OF JUDGMENT06\/10\/1983\n\nBENCH:\nVARADARAJAN, A. (J)\nBENCH:\nVARADARAJAN, A. (J)\nDESAI, D.A.\nREDDY, O. CHINNAPPA (J)\n\nCITATION:\n 1984 AIR 1450\t\t  1984 SCR  (1) 282\n 1984 SCC  (1) 147\t  1983 SCALE  (2)1042\n\n\nACT:\n     Industrial\t Employment  (Standing\tOrders)\t Act,  1946-\nWorkmen employed  by a\tcompany-No age\tof retirement fixed-\nCompany\t  nationalised-Workmen\t  opted\t  to   serve-Service\nregulations framed and notified-Assurance by management that\nold service  conditions would  apply to\t company  employees-\nWhether valid-Workeman, whether bound by new regulations.\n\n\n\nHEADNOTE:\n     The respondent-workman  entered service  as a coolie in\n1945  under   the  Kanpur   Electricity\t Supply\t Corporation\nLimited. When  the time\t the company  had no rules as to the\nage of\tretirement for\tits employees and therefore his date\nof birth  was not  entered in  the service  card.  When\t the\nCorporation was\t nationalised the  new\tmanagement,  without\nasking him  as to  his date  of birth,\tshowed his age as 20\nyears 9\t months. From  the village records it was found that\nhe was\tborn on 24.6.1924. Meanwhile, the new management got\nthe Standing  Orders certified\twithout making any provision\nfor the\t age  of  retirement.  When  the  Electricity  Board\nconstituted under  the Electricity  (Supply) Act, 1948, took\nover the  management of\t the Administration  in 1949  it was\nmade clear  that conditions  of service of workmen would not\nbe adversely affected. But on 31st January, 1979 the workman\nwas retired from service on the ground that he had completed\n58 years  of age. The workman complained that he was retired\nin contravention  of his  conditions of service according to\nwhich there was no age of retirement.\n     The labour\t court held  that  even\t after\tframing\t the\nregulations under  section 79C\tof the\tElectricity (Supply)\nAct, 1948,  fixing the age of retirement at 58 and notifying\nthem  under   section  13B   of\t the  Industrial  Employment\n(Standing orders)  Act, 1946,  the new\tmanagement  made  it\nclear to  the employee\tthat old  service conditions  of the\nemployees would\t continue to  operate  and  that  a  similar\nassurance was  given to\t the respondent\t in writing that the\nnew regulations\t would not  apply to  him. In  this view the\nrespondent's retirement was held to be invalid.\n     Allowing the appeal.\n     HELD: The\tworkman is  bound by  the regulations fixing\nthe age\t of retirement at 58 and therefore his retirement on\nattaining the age of superannuation was correct. [287 C]\n     The Industrial  Employment (Standing  Orders) Act, 1946\nis a  special law  in regard  to matters  enumerated in\t the\nschedule. The regulations made by the Electricity Board with\nrespect to any of those matters are of no effect unless\n283\nthey are either notified by the Government under section 13B\nor certified  by the  Certifying Officer  under section 5 of\nthe Standing  Orders Act. In regard to matters in respect of\nwhich regulations  made by  the Board have not been notified\nby the\tGovernor or  in respect\t of which no regulations had\nbeen made  by the  Board,  the\tStanding  Orders  Act  would\ncontinue  to   apply.  Since,\tin  the\t instant  case,\t the\nregulations framed  by the  Board with\tregard to the age of\nretirement under  section 79C  have  been  notified  by\t the\nGovernment under section 13B of the Standing Orders Act, the\nrespondent is  bound by those regulations and his retirement\non attaining the age of 58 years was correct.\n\t\t\t\t\t  [286 F-H; 287 A-B]\n     U.P. State Electricity Board and others v. Hari Shanker\nJain and others<\/a>, [1979]1 S.C.R. 355, applied.\n\n\n\nJUDGMENT:\n<\/pre>\n
     CIVIL APPELLATE  JURISDICTION: Civil  Appeal  No.\t3549
\n(NL) of 1982.\n<\/p>\n
     Appeal by Special leave against the Award passed by the
\nLabour\tCourt  (I)  Kanpur  dated  16th\t December,  1980  in
\nAdjudication Case No. 8 of 1980.\n<\/p>\n
     S. Markandeya for the Appellants.\n<\/p>\n
     Hari Swarup,  Manoj Swarup and Ms. Lalita Kohli for the
\nRespondent.\n<\/p>\n
     The Judgment of the Court was delivered by
\n     VARADARAJAN,  J.\tThis  appeal  by  special  leave  is
\ndirected against  the award  of the  Labour Court, Kanpur in
\nAdjudication Case  No. 8 of 1980 holding that the retirement
\nof  the\t  second  respondent  Jag  Dutt\t from  31.3.1979  is
\nunjustifiable and  directing  his  reinstatement  with\tback
\nwages with a right to work so long as he is physically fit.\n<\/p>\n
     The second\t respondent entered  service as\t a coolie on
\n11.4.1945  under   the\tthen   Kanpur\tElectricity   Supply
\nCorporation Limited.  No date  of birth was mentioned in his
\nservice\t card  and  there  was\tno  age\t of  retirement\t for
\nemployees  in\tthat   concern.\t  That\t establishment\t was
\nnationalised  on   15.9.1947  and  thereafter  it  became  a
\ndepartment of  the Government  of  Uttar  Pradesh.  The\t new
\nmanagement Kanpur  Electricity Supply  Administration filled
\nup the\tsecond respondent’s age as 20 years 9 months without
\nasking him  for any certificate regarding his date of birth.
\nHis date  of birth  is 24.6.1924 and an entry about his date
\nof birth  has been made in the Police Station, Chawani Basti
\nat the\tinstance of  the Chowkidar  of that village. The new
\nmanagement got\tits standing orders certified without making
\nany provision
\n284<\/span>
\nfor age\t of retirement.\t The State  Government made it clear
\nthat the workmen to whom the Industrial Employment (Standing
\nOrders) Act, 1946 applied would not be governed by the Civil
\nService (Classification,  Control  and\tAppeal)\t Rules.\t The
\nElectricity Board constituted under the Electricity (Supply)
\nAct, 1948  took over  the workmen  of the  erstwhile  Kanpur
\nElectricity Supply  Administration from\t 1.4.1949 making  it
\nclear that  their service  conditions will  not be adversely
\naffected. That\tposition regarding the service conditions of
\nthe employees  was reiterated  in Government Order No. 3679-
\nE\/71-21-PB dated  1.4.1971 and\tthe Electricity Department’s
\nChief  Engineer’s   letter  dated   2.3.1972.  The   initial
\ncondition was that the second respondent should work so long
\nas he  was  physically\tfit  to\t work  without\tany  age  of
\nretirement.   However,\t the   Kanpur\tElectricity   Supply
\nAdministration retired\tthe second respondent from 31.3.1979
\non  the\t  ground  that\the  has\t completed  58\tyears.\tThis
\nretirement is  invalid for two reasons, namely that his date
\nof birth is 24.6.1924 and that there is no age of retirement
\nso far\tas employees  like the\tsecond\trespondent  who\t had
\njoined\tservice\t  under\t the   Kanpur\tElectricity   Supply
\nCorporation Limited  are concerned.  The new  management had
\nallowed 19  named workmen  to retire when they were 60 to 75
\nyears old.  The second\trespondent has thus been retired not
\nonly before  he completed  58 years, his date of birth being
\n24.6.1924 but  also in\tcontravention of  his conditions  of
\nservice, according  to which  there is no age of retirement.
\nThis was  the second  respondent’s case\t before\t the  Labour
\nCourt.\n<\/p>\n
     The defence of the appellant-management was that though
\nwhen  the   Electricity\t Board\t was  constituted   and\t the
\nmanagement of  the Kanpur  Electricity Supply Administration
\nwas taken  over in  1948 no age of retirement was prescribed
\nfor the\t employees the\tElectricity Board framed regulations
\nunder  s.79C   of  the\t Electricity  (Supply)\t Act,\t1948
\nsubsequently prescribing  the age  of retirement as 58 years
\nand 60\tyears and  the\tsecond\trespondent  was\t retired  on
\n31.3.1979 under those regulations. It is open in law for the
\nElectricity Board  to frame  regulations prescribing the age
\nof retirement  of its  employees even  where initially there
\nwas no\tage of retirement, as has been held by the Allahabad
\nHigh  Court   and  this\t  Court.  The\tsecond\trespondent’s
\nretirement is valid and cannot be set aside.\n<\/p>\n
     The Labour\t Court\tfound  that  the  second  respondent
\njoined service\tas a  cooly  under  the\t Kanpur\t Electricity
\nSupply Corporation  Limited on\t11.5.1945 and  he became the
\nState  Government’s   employee\ton   16.9.1947\t when\tthat
\nestablishment was taken over by
\n285<\/span>
\nKanpur Electricity  Supply Administration  and the employees
\nof that\t Administration became\tthe employees  of the  State
\nElectricity Board  when it  took over that Undertaking after
\nthat Board  was constituted on 1.4.1959. It was not disputed
\nthat  by   the\tRegulations  framed  under  s.\t79C  of\t the
\nElectricity (Supply)  Act, 1948,  age of retirement fixed at
\n58 or  60 years\t and that those Regulations were notified on
\n28.5.1972  under   s.  138B  of\t the  Industrial  Employment
\n(Standing Orders) Act, 1946. But the Labour Court found that
\neven after  the publication  of those  Regulations  the\t new
\nmanagement made\t it clear  to the  employees by Government’s
\nOrder No.  3679-E\/71-23-PB dated  1.7.1979 that\t even  after
\nabsorption of  the employees their old conditions of service
\nwould continue\tin the same way and that a similar assurance
\nhad been  given to  the second\trespondent by  the documents
\nmarked as  Ex.B-9 to  B-15 that\t the Regulations  would\t not
\napply to  him and he could work so long as he was physically
\nfit without  any age  of retirement. In this view the Labour
\nCourt held  that the  second  respondent’s  retirement\tfrom
\n31.3.1979 inspite  of the  fact that he is physically fit is
\ninvalid\t in  law  and  it  accordingly\tallowed\t the  second
\nrespondent’s claim as mentioned above.\n<\/p>\n
     The Labour Court has not recorded any finding regarding
\nthe second  respondent’s actual date of birth. In this Court
\nno argument  was advanced  by the  learned counsel on either
\nside on\t that question.\t The only  point argued\t before this
\nCourt  by   Mr.\t S.  Markendeya,  learned  counsel  for\t the
\nappellants and\tMr.  Hari  Swarup,  learned  Senior  counsel
\nappearing for  the second  respondent was  as to the binding
\nnature of  the Regulations  framed by  the Electricity Board
\nunder s.79C of the Electricity (Supply) Act, 1948 fixing age
\nof retirement  as 58  years in\tregard to  workmen like\t the
\nsecond respondent  who\twere  originally  employees  of\t the
\nKanpur Electricity  Supply  Corporation\t Limited.  By  Order
\ndated 3.10.1978\t of the\t General Manager  of the  U.P. State
\nElectricity Board  in the  department of  Kanpur Electricity
\nSupply Administration  eleven employees including the second
\nrespondent  were   retired   on\t  attaining   the   age\t  of
\nsuperannuation with  effect from 31.3.1979 on the basis that
\naccording to  the Board’s  records they\t were completing  58
\nyears on  that date.  There is no dispute that the Board has
\nframed Regulations  under s.79C\t of the Electricity (Supply)
\nAct, 1948 fixing the age of retirement of employees like the
\nsecond respondent  at 58 years and that the Regulations have
\nbeen notified  under  s.13B  of\t the  Industrial  Employment
\n(Standing Orders) Act, 1946. Mr. Hari Swarup admitted before
\nus that\t the Regulations  have statutory  force. The  Member
\nSecretary of
\n286<\/span>
\nthe U.P. State Electricity Board had informed the government
\nemployees whose\t Services had  been lent  to  the  Board  on
\ndeputation  that   their  salary,   allowances\t and   other
\nconditions of  service shall be governed by Regulations made
\nby the\tBoard under  s.79C of  the Electricity (Supply) Act,
\n1948 from  time to  time. It is not disputed that the second
\nrespondent had\tthereafter exercised  his option to serve in
\nthe U.P.  State Electricity Board. The second respondent is,
\ntherefore, bound  by the  Regulation by\t which\tthe  age  of
\nretirement has been fixed in regard to employees like him at
\n58 years.  A similar  question arose before a Division Bench
\nof the\tAllahabad High\tCourt in  Bhai Lal  and\t another  v.
\nSuperintending Engineer, Allahabad where it has been held as
\nfollows:\n<\/p>\n
\t  “Once the  regulations framed under s.79(c) of the
\n     Electricity (Supply)  Act, 1948  have been\t notified by
\n     the State\tGovernment under  s.13-B of  the  Industrial
\n     Employment (Standing  Orders) Act,\t the standing orders
\n     framed by\tthe erstwhile  licencee to  the extent\tthey
\n     concerned the  subject dealt  with by  the\t regulations
\n     became ineffective\t and inoperative and that in respect
\n     of such  matter, the  right of  the  parties  would  be
\n     governed only  by the  regulation so  notified. In\t the
\n     circumstances even\t if it\tbe a  fact that the standing
\n     orders framed  by the  erstwhile licencee\tcontained  a
\n     clause specifying\tan age\thigher then 58 years, as age
\n     of superannuation for its employees, the employee would
\n     none-the-less, as\tprovided in the notified regulation,
\n     be superannuated at the age of 58 years.”\n<\/p><\/blockquote>\n
     A similar\tquestion arose\tbefore this  Court  in\tU.P.\n<\/p><\/blockquote>\n
State Electricity  Board and others v. Hari Shanker Jain and
\nothers to  which two  of us  were parties. There it has been
\nheld that  the Industrial  Employment (Standing Orders) Act,
\n1946 is a special law in regard to the matters enumerated in
\nthe schedule  and the  regulations made\t by the\t Electricity
\nBoard with  respect to any of those matters are of no effect
\nunless\tsuch   regulations  are\t  either  notified   by\t the
\nGovernment  under  s.13B  or  certified\t by  the  Certifying
\nOfficer under  s. 5  of the  Industrial Employment (Standing
\nOrders) Act,  1946. In regard to matters in respect of which
\nregulations made  by the Board have not been notified by the
\nGovernor or  in respect\t of which  no regulations  have been
\nmade by the Board, the Industrial Employment (Standing
\n287<\/span>
\nOrders) Act  shall continue  to\t apply.\t In  that  case\t the
\nregulation made\t by the\t Board with  regard to\tthe  age  of
\nsuperannuation had  been duly notified by the Government and
\nit  has\t  been\theld   that  the   regulation\thad   effect
\nnotwithstanding the fact that it was a matter which could be
\nthe  subject   matter  of  standing  orders  the  Industrial
\nEmployment  (Standing\tOrders)\t Act,\t1946  and  that\t the
\nrespondents in\tthat appeal  had been  properly retired when
\nthey attained  the age\tof 58 years. In view of the admitted
\nfact that the regulations framed by the Board under s.79C of
\nthe Electricity (Supply) Act, 1948 have been notified by the
\nGovernment  under   s.\t13B  of\t the  Industrial  Employment
\n(Standing  Orders)   Act,  1946\t we  hold  that\t the  second
\nrespondent is bound by those regulations in which the age of
\nretirement has bean admittedly fixed at 58 years and that he
\nhas no\treason to  complain against  his retirement  on that
\nbasis with  effect from 31.3.1979. The appeal is accordingly
\nallowed and  the order\tof the appellant retiring the second
\nrespondent with\t effect from  31.3.1979 is  upheld.  It\t is,
\nhowever, made  clear that the second respondent shall not be
\nliable to  refund any amount paid to him under orders of the
\nCourt pending  these proceedings  and that he is entitled to
\ndraw the  sum of  Rs. 2,000  which has\tbeen directed  to be
\ndeposited towards his costs in this appeal.\n<\/p>\n
P.B.R.\t\t\t\t\t     Appeal allowed.\n288<\/span>\n\n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India U.P. State Electricity Board And … vs The Labour Court (I) U.P., Kanpur … on 6 October, 1983 Equivalent citations: 1984 AIR 1450, 1984 SCR (1) 282 Author: A Varadarajan Bench: Varadarajan, A. (J) PETITIONER: U.P. STATE ELECTRICITY BOARD AND ANOTHER Vs. RESPONDENT: THE LABOUR COURT (I) U.P., KANPUR AND OTHERS […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-179512","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nU.P. 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