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On the other hand, Mr. Duggal contended that the Full Bench decision of this court is no more a good law. The Supreme Court in the case of State of Orissa & Ors. Vs. A. C. Mohanty has settled the principle as to which Class of employees can take benefit of retirement age age under F. R. 56 (b). The Supreme Court while considering the functioning of Artisans and dealing with the category of the Class of employees concluded that if a person is Class - III employee be that gazetted or non-gazetted, he is to retire on completion of 58 years. If the interpretation as given by the petitioner is accepted that every Artisan or a workman would be entitled to remain in service till the age of 60 years irrespective of the fact that he is a Class - III employee. It would defeat the object of the Act. The petitioners in Supreme Court's case referred to above were working as Draftsman, Senior Draftsman, Architectural, Asstt. Draftsman, Architectural Draftsman, Planning Assistant, Carpenter, Heavy Vehicle Driver Mechanic, Foreman, Motor Grade Operator, Ferro Printer, Welder, Concrete Mixture Driver, Junior Machineman, Pump Mechanic, Pump Driver-cum - Mechanic etc. They were super-annuated at the age of 58 years. They alleged that since they were workmen, therefore, entitled to continue in service until they attain the age of 60 years. Administrative Tribunal, Orissa upheld their contention. While reversing the Judgment of the Administrative Tribunal, the Supreme Court observed as under:
"We are of the considered view that the Government employee in Class- III service shall retire on completion of 58 years of age. Even an artisan-workman who was promoted or appointed to Class-III service be it gazetted or non-gazetted shall retire on completion of 58 years of age. An Artisan - workman who is working in an industrial or workcharged establishment but he is at par with Class - IV employees is to retire on attaining the age of 60 years ".

By this authoritative pronouncement, the Supreme Court has settled the legal position. It is now settled that if an employee is holding Class-III employment irrespective of the fact that he is a workman and the Management is an "Industry" he will retire at the age of 58 years. Mr. Sharma's argument that "at par with Class- IV employees mentioned in the above judgment mean that an Artisan even though a Class - III employee still would get the benefit because being a Class-III employee his work is at par with Class - IV employees. This reasoning of Mr. Sharma has no substance and is devoid of merits. The Supreme Court was dealing with the case of those petitioners who were artisan such as Draftsman, Senior Draftsman, Architectural Assistant Draftsman, Architectural Draftsman, Planning Assistant, Carpenter, Heavy Vehicle Driver, Mechanic, Foreman, Motor Grade Operator, Ferro Printer, Welder, Concrete Mixture Driver, Junior Machineman, Pump Driver-Cum-Mechanic etc. still keeping in view their status as Class-III employees their prayer was declined. But if an employee is an Artisan and at the same time not a Class- III employee and performing the duties equal to a Class IV employee then Supreme Court held him to be entitled to the benefit of F. R. 56 (b). At par here mean equal to. But if such an Artisan is holding Class - III post he cannot be equated or can be called at par with Class- IV employee. The classifical of employees cannot be mixed up. A Class-III employee is a Class apart from Class-IV employee. These cannot be at par or equal. Hence, the argument of Mr. Sharma on this count cannot be sustained. It is only those Artisan/workman who are Class-IV employees that they will retire at the age of 60 years. An Artisan can be Class-IV as well as Class-III employee. Supreme Court in A.C. Mohanty's case (Supra) specifically de barred Class-III employees of the benefit of F. R. 56(b) irrespective of the fact whether they are gazetted or non-gazetted. Since the petitioner is an artisan and Class-III employees hence cannot ask the respondent to retire him at the age of 60 years. /blockquote>