Rajendra Babu, J. - (1.) The respondents are Class III regular work-charged employees of the appellant which is a Public Sector Undertaking engaged in the promotion, installation and management of tubewells and other minor irrigation projects in the State of Haryana. The orders made by the appellants retiring the respondents at the age of 58 years under Standing Order 16-A of the certified Standing Orders were challenged in the writ petitions before the High Court of Punjab and Haryana. The learned single Judge allowed the writ petition filed by M. L. Kohli and directed the Corporation to reinstate him until he attained the age of 60 years and to pay arrears of salary and allowances. Letters Patent Appeal preferred against the said order was dismissed. Following the order in Letters Patent Appeal, the other writ petitions filed by the respondent were also disposed of on the same terms. The appellants are before us challenging the said order made in the Letters Patent Appeal and the orders in writ petitions.
(2.) The learned single Judge noticed there are two categories of employees- (i) Class III regular employees and (ii) Class IV and work-charged employees whether regular, temporary or ad hoc. Work-charged employees and Class IV employees were put in one category and Class III regular employees were put in another category. On that basis, he held that a work-charged employee not possessing any security of service is enabled to have a longer period of service and he will have the benefit of two extra years of service before retirement. Such a conclusion was reached on the basis of the intention appearent from the Rules. This view was accepted by the Division Bench which stated that that was the only interpretation which was possible on the Standing Order.
(3.) In this Court, Shri K.T.S. Tulsi, learned Senior Advocate for the appellants submitted that a reading of Standing Order 16-A will not enable an interpretation of the nature drawn by the High Court. The distinction sought to be made between two classes of workmen, namely, those in the work-charged establishment and the other regular employees was artificial and it does not stand to reason at all that the temporary employees could continue after 60 years whereas the regular employees will have to retire at the age of 58 years. He maintained that the intention of Standing Order 16-A was to retire Class IV employees at the age of 60 years and Class III employees at the age of 58 years and that inasmuch as the appellant was Class III employee, he was to retire on attaining the age of 58 years.;