S.K.Dbaon, J. - (1.) THE Indian Drugs and Pharmaceuticals Limited (hereinafter referred to as the I. D. P. L) has a unit situated in Virbhadra (Rishi- kesh) District Dehradun. I. D. P. L. runs an Intermediate College Virbhadra (hereinafter referred to as the College). On or before 28th April, 1988, the petitioner was the Principal of the College. His date of birth is 1st October, 1930. On 28th April, 1988, the Senior Personnel Executive of the I. D. P. L. informed the petitioner that he will retire from the service of the Company on attaining the age of superannuation on 30th September, 1988. THE legality of this communication is being impugned in the present writ petition.
(2.) AFFIDAVITS have been exchanged between the parties, although the petition has not been formally admitted as yet. However, with the consent of the counsel for the parties we heard this petition with a view to finally dispose of the same, We are, therefore, doing so. I. D. P. L. is a Government of India undertaking incorporated under the Companies Act, 1956; The Central Government has hundred percent shares in it. The Company has various unit all over the country and one such unit is situated at Virbhadra (Rishikesh). The entire control over the Company is of the Ministry of Companies, Government of India, and the entire investment is of the Central Government. The College is recognised under section 2 (d) of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act) for the purposes of preparing candidates to the examinations of the Board. The State Government does not give any grant- in-aid to the College. There is a duly approved scheme of administration prepared under the provisions of the Act and the Regulations made thereunder and the College is run in accordance with the said scheme. Annexure I to the writ petition is a photo stat copy of the communication dated 17th June, 1987, of the Regional Deputy Director of Education, Garhwal Region, to the Secretary/Principal of the College wherein it is mentioned that the Deputy Director has accorded approval to the scheme of administration and a copy of the scheme is being forwarded. The scheme is before us. We are satisfied that the same is in accordance with the provisions of the Act and the Regulations framed thereunder. A perusal of the various clauses of the scheme of administration makes it clear that the terms and conditions of the service of the Principal of the College shall be those as laid down under the various provisions of the Act and the Regulations framed thereunder. It is also provided that in the event of conflict between the provisions of the Act and the Regulations framed thereunder or any other condition of service provided for elsewhere, the terms as laid down under the Act and the Regulations will operate. Annexure II to the writ petition is a photostat copy of the communication dated 1st January, 1972, issued to the petitioner whereby he was informed that he had been appointed as Principal. It was specifically stated therein : "Your service conditions will be in accordance with the Provisions of Education (Amendment) Act, 1958 of the Government of U. P. and on the following terms and conditions :" There are other documents on record to indicate that the petitioner was duly appointed as Principal on the recommendation of the Selection Committee as envisaged by the Act and the Regulations framed thereunder.
(3.) IT is not in dispute that Regulation 21 as contained in Chapter III of the Regulations framed under the Act provides that the age of retirement of a Principal is 60 years, it is also not in dispute that the age of retirement of an employee of IDPL as fixed under the relevant Rules of the Company is 58 years. The short question is whether the petitioner is entitled to continue as a Principal of the College, on the basis as Regulation 21, till he attains the age of 60 years. Section 16-G of the Act, inter alia, provides that every person employed in a recognised institution shall be governed by such conditions of service as may be prescribed by Regulations and any agreement between the management and such employee, in so far as it is in-consistent with the provisions of the Act or with the Regulations, shall be void. It is an admitted position that the College is a recognised institution within the meaning of the Act. Realising the rigor of the provisions as contained in Section 16G, the only argument advanced on behalf of I. D. P. L. is that Section 16-G will not apply to the employees of the College. This submission is based entirely on the provisions of Section 16-H of the Act. They read J- "16-H. Exemption of certain classes of Institutions from the operation of certain Sections*-(1) The provisions of Section 16-A, 16-B, 16-C, subsection (2) to sub-section (13) of Section 16-D and Sections 16-E 16-F.and 16-G shall not apply to recognised institutions maintained by the State Government or the Central Government. (2) In the case of recognised institutions maintained by a local body, the State Government may declare that all or any of the provisions referred to in sub-section (1) shall not apply or shall apply subject to such alterations, modifications or additions as it may make the provisions, if any, so made applicable, shall have effect not withstanding any thing inconsistent therewith contained in any other law for the time being in force." ;