Judgement

MATHEW, J.:- The appellant, a company incorporated under the Companies Act, filed a writ petition before the High Court of Calcutta praying for the issue of a writ or an order in the nature of certiorari quashing the award passed by the Second Industrial Tribunal, West Bengal, Calcutta, directing the reinstatement of Ganapati Santra the second respondent, in the service of the appellant. A learned Judge of that Court dismissed the writ petition. The appellant filed an appeal before a Division Bench of that Court. That appeal was also dismissed. This appeal is preferred against the order of the Division Bench by certificate granted by the High Court under Article 133 (1) (c) of the Constitution.

2. The second respondent was employed by the appellant in the year 1946 as a clerk in its Service Department. At the time, there was no rule prescribing the age of retirement of the workmen of the company. In November, 1951, the appellant introduced standing orders under the provisions of the Industrial employment (Standing Orders) Act, 1946 (Central Act 20 of 1946) by which the age of superannuation of the workmen was fixed at 55. On September 17, 1956, the Central Act 20 of 1946 wa