A. Chakrabarti, J. - (1.) CLAIMING a right to continue to work till the Petitioner is physically fit and a direction upon the Respondents not to retire the Petitioner, the present writ petition was filed.
(2.) THE case made out in the writ petition is that the Petitioner was employed in Kanpur Electricity Supply Administration (hereinafter referred to as the 'KESA') up to 15.09.1947 the erstwhile Caw pore Electric Supply Corporation Ltd. was owned and managed by Bugg Sutherland and Co. Ltd. and after termination of their licence the State Government had taken over the said company with effect from 16.9.1947 and re -named the same as Kanpur Electricity Supply Administration. There was a notification dated 2.4.1954 to the effect that the provisions of the Civil Servants (Classification Control and Appeal) Rules do not apply to the employees of KESA and their conditions of service were to be governed by the Standing Orders framed Under the Industrial Employment (Standing Orders) Act, 1946 and Incidentally the said Standing Orders had no provision regarding the age of retirement. The Petitioner, appointed In KESA with effect from 7.1.1957, was governed by the said certified Standing Orders. Accordingly, the Petitioner claims the subsequent regulation providing for retirement age as not applicable in case of the Petitioner. The Respondents filed counter affidavit as also a short -counter affidavit.
(3.) HEARD the learned Counsel for the parties. The parties agreed that the writ petition may be disposed of finally at the stage of admission.;