JUDGMENT

P. Venkatarama Reddi, J.-Leave granted and appeal taken up for hearing.

2. The first appellant which seems to be a representative body of the retired workmen of Munger Branch of ITC Ltd. and the second appellant who is a member thereof, have assailed the legality of the judgment of the Patna High Court in C.W.J.C. No. 5693 of 1995 dated 10.11.1997. By that judgment the High Court upheld the award passed by the Industrial Tribunal, Patna, in Reference No. 3/92, following the earlier decision of the High Court reported in 1997(1) PLJ 934, wherein the identical issues were decided against the workmen. The Writ Petition out of which the appeal arises was filed by the second appellant herein challenging the award passed by the Industrial Tribunal on 13.12.1994.

3. The 1st appellant sought leave of this Court to file the SLP as it was not a party in the Writ Petition out of which this SLP arises. Leave has been granted by us. It may also be noticed that by an order of this Court dated 31.08.2001 on IA 3 of 2001 the 2nd appellant herein, who was respondent No. 3 in SLP, has been transposed as petitioner in the SLP.

4. At the outset, it may be stated that the present SLP was filed wi