JUDGMENT

Kirpal, J.-This Appeal by special leave arises from the judgment of the Orissa High Court which had allowed the writ petition filed by 23 workmen of the appellants, respondents 1 to 23, and while striking down a paragraph of a circular according to which their pay was fixed, a direction was issued for re-fixation of the pay in a manner indicated by the High Court.

2. The respondents 1 to 23, prior to 1st January 1987, were employed as workmen by the appellants. On 20th January 1982 a seven years stagnation scheme was introduced by the appellants whereunder its employees in the highest workmen s pay scale, who had been stagnating for seven years, were promoted to the lowest officer s scale. These employees, who were workmen and were called senior operators, senior technicians etc. were, on their placement in the lowest officer s scale, designated as Assistant Foremen (AFM D ), Junior Officers (JO D ) etc. On such placement in the officer s grade these erstwhile workmen were treated as officers and they received all the facilities admissible as officers.

3. On 30th October, 1983 a draft of settlement under Section 18 of the Industrial Disputes Act, 1947 (for short the Act