Kuldip Singh, J. - (1.) S. P. Dubey, employed with the Madhya Pradesh State Road Transport Corporation, was retired from service on his attaining the age of 58 years. He claims that the age of superannuation was 60 years and as such his retirement at 58 was illegal.
(2.) We may state the necessary facts. Dubey joined service as a junior clerk with the Central Provinces Transport Services Limited (hereinafter called the company) in the year 1947. The Board of Directors of the Company by a resolution dated July 30, 1954 fixed the age of superannuation of all its employees except the drivers as 60 years. The company was purchased and taken over by the State of Madhya Pradesh by a notification dated August 31, 1955. The relevant part of the said notification is as under: "The undertaking will as from the 31st August, 1955 be entitled. The Central Provinces Transport Services (under Government Ownership)". So far as the public is concerned there will be no change or Interruption in the course of business and the continuity of operation will not be disturbed and the existing staff will not be adversely affected with regard to terms and conditions of their services. The statutory instrument to be made in due course will provide, among other things that all the rights and liabilities of the Central Provinces Transport Services Ltd. will become the rights and liabilities of the Central Provinces Transport Services (Under Government Ownership) and from a legal point of view the staff, customers and contractors can look to the Central Provinces Transport Services (Under, Government ownership) to discharge all the obligations and exercise all the rights that at present rest with the Central Provinces Transport Service Ltd., Rules for the conduct of business by the above constituted Board of Management are being published separately."
(3.) It is thus obvious that the Government continued to maintain the Central Provinces Transport Services as a separate entity. The conditions of service, of the staff of the taken over company, were specifically protected.;