Judgement

WANCHOO, J.: These two appeals by special leave arise from the same award of the Seventh Industrial Tribunal, West Bengal, and will be dealt with together. Two matters in dispute between the management and the workmen were referred to the tribunal relating to (i) the age of retirement of the workmen at the head office and the factory of the company and (ii) the introduction of a gratuity scheme for workmen employed at the head office and the factory. The tribunal fixed the age of retirement for clerical and subordinate staff at 58 years and for workmen in the factory at 55 years. The tribunal also introduced a gratuity scheme after considering the objections raised to the draft-scheme proposed by the company of the two appeals one is by the company relating to the gratuity scheme and the other by the workmen relating to the age of retirement as well as to the gratuity-scheme.

2. We shall first consider the question of age of retirement. It may be mentioned that there was no retirement age in force in this company and so the position when the reference was made was that the workmen could continue to work so long as they were physically or mentally fit. The workmen contended