Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
ALL ORISSA ELECTRICAL WORKERS UNION
Vs.
RESPONDENT:
STATE OF ORISSA & ORS.
DATE OF JUDGMENT: 20/09/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Smt. Indira Jaising, learned senior counsel for the
petitioner in this petition, has argued on 2.8.1996 before
the Bench comprising of Hon’ble Mr. Justices M.M. Punchhi
and K. Venkataswami, JJ. and the learned Judges have
referred the matter for reconsideration of the earlier
decision by the Bench of which Hon’ble Sri Hansaria, J. was
a member. Consequently, it was posted on August 5, 1996
before the Bench consisting of Hon’ble Justice G.N. Ray and
Hon’ble Justice Hansaria who have referred the matter again
to us for reconsideration of the judgment rendered in State
of Orissa vs. Adwant Charan Mohanty & Ors. [1995 Supp. (1)
SCC 470]. We thought that there was a conflict between the
judgment in State of Orissa vs. Arnab Kumar Dutta [JT 1996
(2) SC 515] and the judgment in Mohanty’s case. After going
through the two judgments, we find that there is no conflict
of the views. On the other hand, in A.K. Dutta’s case, the
Bench has followed the decision in Mohnaty’s case .
Smt. Indira Jaising has contended that the Government
have treated different classes of the persons, namely,
electrician, plumber, mastery, fitters Grade II, roller
mechanic, mechanic, wireman, etc. ... as skilled workmen
entitled to the benefit of 60 years and that the judgment in
Mohanty’s case requires consideration. We do not think that
the learned counsel is right in her submission. We have
considered the entire service rules operating in the State
of Orissa and also various instructions issued by the
Government from time to time together with the note to Rule
71(a) of the Rules. We have categorised various persons who
are eligible to superannuation of the age of 60 years and
such of those employees who have been fitted into class III
and upwards, though they are skilled or highly skilled, they
are not entitled to benefit of 60 years for superannuation.
They required to retire on attaining the age of 58 years
while the Class IV employees, though skilled, semi-skilled
or highly skilled alone are entitled to the benefit of
superannuation of 60 years. In that view, we are of the
considered opinion that the judgment in Mohanty’s case does
not require reconsideration.
The special leave petition is accordingly dismissed.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2