Judgment

R.C. Lahoti, J.-The facts relevant for the purpose of deciding this appeal are undisputed and are briefly set out hereafter. N.S. Giri, the appellant joined the services of erstwhile Mangalore Municipali­ty as a Health Assistant in the year 1950. He was promoted as Sanitary Inspector in the year 1962 and as a Selection Grade Sanitary Inspector with effect from 1.6.1967. The post has been re-designated as Assist­ant Health Officer. The Mangalore City Municipality was constituted under the then Madras District Municipalities Act, 1920 (renamed in the year 1969 as The Tamil Nadu District Municipalities Act, 1920).

2. In the year 1968, an industrial dispute between the workmen and the management of Mangalore City Municipality was referred to a sole arbitrator under Section 10A of Industrial Disputes Act, 1947. The dispute referred to was : whether the age of superannuation of 55 years of the employees of Mangalore City Municipality including those whose services were extended or of those who were re-employed after the age of 50 years should be fixed at 58 years. The arbitrator gave an award on 11.1.1969 (published in the Mysore Gazette dated 13.2.1969) enhancing the age of reti