PEILU RAM Vs. MUNICIPAL CORPORATION OF DELHI
LAWS(DLH)-1983-3-7
HIGH COURT OF DELHI
Decided on March 01,1983

PEILU RAM Appellant
VERSUS
MUNICIPAL CORPORATION OF DELHI Respondents


Cited Judgements :-

SHAFIULLAH VS. M P STATE ROAD TRANSPORT CORPN [LAWS(MPH)-1989-8-1] [REFERRED TO]


JUDGEMENT

D.K. Kapur, J. - (1.)On a notice to show cause why the petition should not be admitted and on considering the reply to the same, Rule D.B , was issued and arguments were heard. The question before the Court is a very short one. The petitioner joined the service of the Delhi Municipal Corporation in 1950 on probation as a driver and became permanent in 1952. When the Municipal Corporation of Delhi was constituted, he became an employee of the Corporation and has contiuned to be employed as a truck driver in the office of the C.S.E. Department, City Zone of the Corporation. According to the petition, the petitioner is to retire from service when he attains the age of 60 years because F.R. 56(b) applies to him as he is a 'workman'. The petitioner will attain the age of 60 years on 30th April, 1984, but he has been retired with effect from 30th April, 1982, as per office order Annexure 'A'. Before 30th April, 1982, the petitioner wrote to the Commissioner of the Corporation claiming that he was to retire only when he was 60 years old and he renewed this request by another letter written in May, 1982. Thereafter, the petition was filed.
(2.)In the reply to the petition, it was claimed that disputed questions of facts were raised, and also, that the petitioner was not covered by Rule 56(b) of the Fundamental Rules on the ground that he was not a workman.
(3.)It is the admitted case of both parties that the Service Regulations framed for the Municipal Corporation employees called the Delhi Municipal Corporation Service Reuglations, 1959, have made the Fundamental Rules applicable also to the Municipal employees because they are to serve on the same terms and conditions as Central Government servants as per Regulation No. 4. There is, therefore, no doubt that F.R. 56(b) would apply to the petitioner if he is a 'workman'. The Rule reads :
"A workman who is goverend by these rules shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years. Note In this clause word workman means ; "skilled, semi-skilled, or unkilled artisan employed on a monthly rate of pay in an industrial or work charged establishment."

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