Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service--Law-Orissa Service Code rule 71(a) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service--Law-Orissa Service Code- Rule 71(a), second proviso-Age of superannuation-Government employee Retirement on completion of 58 years. of age-An artisan workman working in an industrial or workcharged establishment but at par with Class IV employee-He is to retire on attaining age of 60 year-Such an artisan workman must be on monthly pay of government-Word 'artisan '-Meaning.All the respondents were working in various departments of the appellant State as Class III employees. On attaining the age of superannuation of 58 years, when they were sought to be retired, they approached the Administrative Tribunal, claiming the benefit of extented age of superannuation under second proviso to Rule 71(a) of the Orissa Service Code, contending that they were workmen within the meaning of the Code. The Tribunal held that they were workmen and entitled to continue in service until they attained the age of 60 years. Hence these appeals.On behalf of the State it was contended that all the respondents belong to respective subordinate services of the State governed by the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962, framed under Article 309 of the Constitution. According to the appellant an artisan essentially was one who was producing an article of some kind with the help of tools. It was alleged that none of the respondents could be treated to be an artisan, therefore, they were riot entitled to continue in service up the age of 60 years. It was contended that the workman, must, of necessity, by reason of definition, meant one working in an industrial or workcharged establishment of the Government. None of the respondents was continuing either in an industrial establishment or a workcharged establishment, and the Tribunal committed grievous error of law in directing that the respondents shall be retained in service till they attained the age of 60 years. The respondents submitted that any government employee, be he highly skilled, skilled, semi-skilled or unskilled, should be given the benefit of the superannuation of 60 years envisaged by the exception to the general rule in the second proviso to Rule 71(a) of the Orissa Service Code. It was argued that the industrial establishment must be understood broadly and not in a technical sense. It was prayed that exercising the power under Article 136, the Supreme Court must decline to interfere with the benefit given by the Tribunal.The question raised for determination was whether the respondents were entitled to the benefit of superannuation age of 60 years under the second proviso to Rule 71(a) of the Code. |
Judge | Hon'ble Mr. Justice K. Ramaswamy |
Neutral Citation | 1995 INSC 78 |
Petitioner | State Of Orissa And Ors. |
Respondent | Adwait Charan Mohanty Etc. Etc. |
SCR | [1995] 1 S.C.R. 614 |
Judgement Date | 1995-01-27 |
Case Number | 1497 |
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