Arun Madan, J. - (1.) The petitioner which is an association of superannuated employees of the Salt Power House Sambhar Lake District Jaipur has moved this court by way of the aforesaid writ petition for grant of post retiral consequential benefits such as pension, provident fund, gratuity and other service benefits as may be admissible to them in accordance with the rules of their erstwhile Employer- Management of M/s. Sambhar Lake Salts Ltd., Jaipur (respondents No. 4) herein.
(2.) The Sambhar Lake Salts Ltd. is a subsidiary company of M/s. Hindustan Salts Ltd. (respondent No. 3) which is a Government of India enterprise and hence an instrumentality of the State within the ambit of Article 12 of the Constitution of India and thus amenable to the jurisdiction of this Court under .Article 226 of the Constitution of India. It has been contended by the petitioner that the Rajasthan Govt. has 40% share subsidy in the said undertaking and its own Power House to meet the. needs of energy of the said undertaking and the members of the petitioner association were employed in the said Power House and consequent on their retirement on attaining the age of superannuation during the intervening period between 1952 to 1988, they got meagre amount of the Provident Fund only towards their retiral benefits in complete negation of their conditions of service and also in violation of their right to livelihood under Article 21 of the Constitution of India.
(3.) By an order dated 5.1.1959 issued by the Salt Commissioner, Government of India in pursuance of the decision of the Ministry of Commerce and Industries, the ownership and management of Sambhar Lake Salts Ltd. at Deedwana and Khraghoda were transferred to Hindustan Salt Ltd., Jaipur (respondents 4) and the services of the employees of the aforesaid salt works were also placed at the disposal of the company w.e.f. 1.1.1959. The following conditions (iii) & (ix) which were admissible to the employees in the office of Salt Commissioner Government of India were equally made applicable and extended to the employees of M/s. Sambhar Lake Salts which are as under : "(iii) Leave salary and pension contributions in respect of Shri Kanaram at the rates prescribed under the relevant rules of the Central Government will be paid by the company. (ix) The Company will afford medical facilities so far as may be, not inferior than those admissible to him under the rules of the Central Government from time to time.";