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TMI Blog1990 (10) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... Provinces Transport Service Limited (hereinafter called the company) in the year 1947. The Board of Directors of the company by a resolution dated July 30, 1954 fixed the age of superannuation of all its employees except the drivers as 60 years. The company was purchased and taken Over by the State of Madhya Pradesh by a notification dated August 31, 1955. The relevant part of the said notification is as under: The undertaking will as from the 31st August, 1955 be entitled 'The Central Provinces Transport Services (under Government Ownership) . So far as the public is concerned there will be no change or interruption in the course of business and the continuity of operation will not be disturbed and the existing staff will not be adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Madhya Pradesh Government issued two memorandums on May 4, 1962. By one memorandum the services of the concerned employees including Dubey were transferred to the Corporation and by the second it was clarified that the said transfer was subject to the conditions that their service would be treated as uninterrupted and their pay-scales and conditions of service would not be affected. On the same day and Board of Directors of the Corporation passed a resolution to the following effect: Resolved that the services of the employees employed under M.B.R. and C.P.T.S. on 31.5.1962 are transferred to the Corporation temporarily until further orders from 1.6.1962 on the following conditions: 1. The pay scale and conditions of service are n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to continue in service for a specified period thereafter, but he must not be retained after the age of 60 years, without the sanction of State Government. 7. The corporation issued a notice dated May 25, 1983 to Dubey informing him that he was due to retire from service on Jane 30, 1984 on attaining the age of 58 years. He challenged the said notice by way of a writ petition under Article 226/227 of the Constitution of India before the Madhya Pradesh High Court at Jabalpur. The High Court by its judgment dated April 26, 1985 dismissed the writ petition. The present appeal by way of special leave petition is against the judgment of the High Court. 8. The High Court, following its earlier Division Bench judgment, came to the conclusion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny. We, therefore, do not agree with the reasoning of the High Court. 10. It was then urged that on the transfer of appellant's service to the Corporation he was governed by the Regulations framed by the Corporation under the Act and Regulation 59 provided 58 years as the age of superannuation. We do not agree with the contention. The State Government issued directions Under Section 34 of the Act which we have reproduced above. The said directions are binding on the corporation. This Court in The General Manager, Mysore State Road Transport Corporation v. Devraj Urs and Anr. (1976)IILLJ306SC interpreting Section 34 of the Act held as under: Directions given by the State Government are binding on the corporation and it cannot depar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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