Judgment

VAIDIALINGAM, J.:- This appeal, by special leave, is directed against the award dated February 29th, 1968 of the 5th Industrial Tribunal, West Bengal, in case No. 334 of 1967, setting aside the order dated August 2, 1966 passed by the appellant directing the retirement of the concerned workman on his attaining the age of 58 years.

2. The appellant is a Joint Stock Co. incorporated under the Companies Act, 1956. It carries on business throughout India as manufacturers and dealers of tyres, tubes for motors, trucks and tractors etc. The workman concerned Hari Nath Bhattacharjee, was appointed in 1944. At that time there was no rule regarding the age of superannuation. On April, 26, 1955, the Company framed and brought into force under Section 7 of the Industrial Employment (Standing Orders) Act, 1946, Standing orders relating to its staff employees. Under clause 28 of the Standing Orders a staff employee was to retire on the first January next following the year in which he attains 55 years of age. But it was also provided that if a staff employee desires to remain in service of the Company after the date when he should have been normally retired, the Managing Director had the