S.C. Mathur, J. - (1.) The petitioners in all these petitions were employed on various posts in U. P. State Road Transport Corporation and they were sought to be retired on attaining the age of 58 years which is the age of retirement prescribed in the Regulations framed by the Corporation. The petitioners' plea is that the Regulations have not been notified under Section 13-B of the Industrial Employment (Standing Orders) Act, 1946 and, therefore, the age of retirement prescribed therein cannot be applied to retiring the petitioners. It is also their case that in respect of some of the Workshops, the Corporation has framed Standing Orders prescribing therein 60 years the age of retirement for the workmen posted therein. The petitioners' plea is that all workmen working in different Units of the Corporation are similarly situated and, therefore, different ages of retirement cannot be prescribed for them. The petitioners claim that the age of retirement prescribed in the Standing Orders framed by the Corporation will have to be uniformly applied to all the employees of the Corporation.
(2.) The posts on which the petitioners in these petitions were posted are Traffic Inspector, Assistant Traffic Inspector, Assistant Grade II, Booking Clerk and Driver.
(3.) Admittedly the U.P. State Road Transport Corporation, for short. Corporation, has been constituted under the Road Transport Corporations Act, 1950 (Central Act 64 of 1950). Section 45 of the Act confers power upon the Corporation to frame Regulations. In exercise of this power the Corporation framed the Uttar Pradesh State Road Transport Corporation Employees (other than Officers) Service Regulations, 1981. Paragraph-2 of the Regulations makes the Regulations applicable to all employees of the Corporation except officers. Admittedly the petitioners do pot belong to the category of officers, and, therefore, subject to the pleas of the petitioners, the Regulations will be applicable to them. Paragraph-37 provides that an employee of Group "C" shall retire on attaining the age of 58 years and that of Group "D" shall retire on attaining the age of 60 years. The Proviso lays down that if the date of retirement falls on or after the second day of the month the date of retirement shall be that last day of the month. These Regulations had been published in the Official Gazette.;