JUDGMENT

AHMADI, J. :- These two appeals by two different Trade Unions of Barauni Refinery are directed against the decision of the High Court of Delhi which set aside, the modification of Cl. 20 of the Standing Orders certified under S. 5 of the Industrial Employment (Standing Orders) Act, 1946 (hereinafter called the Standing Orders Act). The brief facts giving rise to these two appeals are as under:

Two companies, namely, the Indian Re- finery, Limited and Indian Oil Company, Limited amalgamated in 1964 and a new Company known as Indian Oil Corporation, Limited (IOCL) was incorporated. This newly formed company comprised essentially of two divisions, namely, (1) Marketing Division, representing the staff, assets and business of Indian Oil Company Limited, and (2) Refinery and Pipe Lines Division, re-presenting the staff, assets and oil refinery manufacturing of petroleum products of Indian Refinery Limited. The age of superannuation of the staff in the Marketing Division was 60 years whereas the age of superannuation for the Refinery and Pipe Lines Division was fixed at 58 years under Cl. 20 of. the Standing Orders concerning Barauni Refinery. The IOCL has refineries in different parts of the country including one at Barauni. The Standing Orders concerning the Barauni Refinery came into force on 5th December, 1964 as provided by S. 7 of the Standing Orders Act and apply to all work-men employed in the said industrial establishment. Cl. 20 of the Standing Orders reads as under:

"Every employee shall retire from service on completing the age of 58 years. Extension for a maximum period of 5 years but not for more than one year at a time may be given at the discretion of the company provided the employee is certified to be fit by the Companys Medical Officer and provided further that the employee concerned also consents to such extension."

2. By a joint letter dated 15th December, 1981, 14 recognised unions representing the employees of the IOCL working in different refineries and pipe lines divisions submitted a charter of demands in terms of Cl. 2.1.3 of the long term settlement dated 3rd December, 1979. By Cl. 18 of this charter of demands the superannuation age was sought to be enhanced to 60 years. A similar- charter of demands was forwarded by the Barauni Telshodhak Mazdoor Union to the General Manager, IOCL, Barauni Refinery, on 23rd December, 1981. Pursuant to the presentation of this charter of demands, meetings were held between the Management of IOCL (R & P Division) and the recognised unions of the said Division from time to time. As a result of discussions held at the said meetings a settlement was mutually arrived at by and between the parties on May 24, 1983. Clauses 19 and 21 of this general settlement concerning all the Refineries and Pipe Lines Divisions, inter alia provided as under:

"19. The Corporation agrees that such terms and conditions of service as well as amenities and allowances as are not changed under this settlement shall remain unchanged and operative during the period of the settlement."

"21. The Unions agree that during the period of operation of this settlement, they shall not raise any demand having financial burden on the Corporation other than bonus provided that this clause shall not affect the rights and obligations of the parties in regard to matters covered under S. 9A of the Industrial Disputes Act, 1947."

This general settlement was to remain in force from 1st May, 1982 to 30th April, 1986. After this general settlement was signed by the Management and the union representatives a separate memorandum of settlement dated 4th August, 1983 was signed between the IOCL (R & P Division), Barauni Refinery, and their workmen represented by Barauni Telshodhak Mazdoor Union, Barauni Refinery, under Ss. 12(3) and 18(3) of the Industrial Disputes Act, 1947, in conciliation proceedings initiated by the Assistant Labour Commissioner and Conciliation Officer, Begusarai. This settlement too was to remain in