JUDGMENT

Mrs. Sujata V. Manohar, J.-The first petitioner in this writ petition was an employee of M/s. Indian Oxygen limited. He retired from service at the end of March, 1980 on attaining the age of superannuation. Indian Oxygen Ltd. has set up a non-contributory superannuation fund known as the Indian Oxygen Ltd. Staff Pension Fund. It is a non-contributory approved superannuation fund set up under the provisions of the Income-tax Act, 1961. On retirement, under the rules of the fund, the first petitioner is receiving an annuity under a policy purchased by the trustees of the Fund from the Life Insurance Corporation of India. The second petitioner is a society registered under the West Bengal Societies Registration Act, 1961. Its membership consists of pensioners of various non-contributory approved superannuation funds. Petitioner No. 1 is the Secretary of the Association.

2. It is the contention of the petitioners that certain improvements which have been effected in the executive staff pension fund of Indian Oxygen Ltd. in 1985 should be made available to the existing pensioners of the Indian Oxygen Ltd. and that the denial of the benefits of such an improvement to the existing