Kerala High Court
Myel Vel.M vs Hmt Machine Tools Ltd on 6 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 25937 OF 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 25937 OF 2015
PETITIONER/S:
MYEL VEL.M, TICKET NO.4730 HMT MACHINE TOOLS LTD,
HMT COLONY, KALAMMASSERY, ERNAKULAM 683503
BY ADVS.
SRI.P.THOMAS GEEVERGHESE
SRI.TONY THOMAS INCHIPARAMBIL
RESPONDENT/S:
1 HMT MACHINE TOOLS LTD., KALAMASSERY REPRESENTED BY
ITS GENERAL MANAGER
2 HMT LTD., HMT BHAVAN, BALLARY ROAD, BANGALORE,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR
3 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, DEPARTMENT OF HEAVY INDUSTRIES, MINISTRY
OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES, UDYOG
BHAVAN, NEW DELHI
BY ADVS.
SMT.MARIAM MATHAI
SRI.R.PRASANTH KUMAR CGC
SRI.SAJI VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 25937 OF 2015 2
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) No. 25937 of 2015
--------------------------------------
Dated this the 6th day of February, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"I. Issue a writ of certiorari or any other appropriate writ
or order calling for records leading to Ext. P5 order and quash
the same as illegal and discriminatory;
II. Declare that petitioner is entitled to continue in service
of the 1st Respondent till he attains 60years; and
III. Issue such other appropriate writ, direction or order as
deemed fit and proper by this Hon'ble Court, in the interest of
justice and equity." [SIC]
2. When this writ petition came up for consideration,
the learned Standing Counsel appearing for the 1 st respondent
submitted that similar cases were already dismissed by this
Court as per judgment dated 15.11.2022 in W.P.(C.) No.
13858/2010. It will be beneficial to extract the relevant portion
of the above judgment.
3. "The prayer in this writ petition is for issuing
appropriate direction to the respondents not to terminate the
service of the petitioners on the ground of superannuation till
they attain the age of 60 years. These are policy decisions to
be taken by the respondents. The jurisdiction of this Court to
interfere with such decision is very limited. This Court
considered the matter in detail in the interim order and
rejected in the interim prayer. I see no further reason to
interfere with the decision taken by the respondents
regarding the age of retirement. These are policy decisions."
The same prayer is raised in this writ petition also. In the
light of the above, I think there is no scope for interfering in
this matter.
Therefore, this writ petition is closed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1: TRUE COPY OF ORDER NO. HMT IV/HRD/4730 DATED 19-
06-2001 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2: TRUE COPY OF RELEVANT PAGES OF SCHEME OF
ARRANGEMENT OF HMT LTD AND HMT MACHINE TOOLS LTD.
EXHIBIT P3: TRUE COPY OF OFFICE ORDER NO. 4/03 DATED 7TH APRIL
2003 ISSUED BY HMT LTD.
EXHIBIT P4: TRUE COPY OF OFFICE ORDER NO. 7/2013 DATED
6.6.2013 ISSUED BY HMT LTD.
EXHIBIT P4(A): TRUE COPY OF DECISION TAKEN BY CABINET
COMMMITTE OF ECONOMIC AFFIARS DATED 28TH FEBRUARY 2014.
EXHIBIT P4(B): TRUE COPY OF LETTER ISSUED BY GENERAL MANAGER
(HR) OF 1ST RESPONDENT DATED 9TH OCTOBER 2015
EXHIBIT P5: TRUE COPY OF ORDER NO. MTK/HTM/4730 DATED
16/7/2015 ISSUED BY 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P6: TRUE COPY OF INTERIM ORDER PASSED BY HIGH COURT
JUDICATURE AT HYDRABAD, IN WP NO. 19483 OF 2015 DATED 2/7/2015
EXHIBIT P7: TRUE COPY OF INTERIM ORDER PASSED BY KARNATAKA
HIGH COURT IN WP NOS. 31181 TO85 & 31186/2015 DATED 29/7/2015
RESPONDENT'S EXHIBITS : NIL
