S.SAGHIR AHMAD, J.

(1) THE claim petitions by the present appellants were rejected by the Tribunal on two grounds, set out in its judgment dated 5-11-1993 as under:

"11. As already observed, the reference to the Board of Arbitration is mandatory if the joint consultative machinery records disagreement. Clause 21 of Appendix A to CPRO No. 25/71 states that subject to the overriding authority of Parliament the recommendations of the Board of Arbitration are binding on the parties. There is no provision in the CPRO enabling the employees to challenge the award in any forum. But Shri Y. Suryanarayana argues that even the arbitrators are bound by the law of the country and if the recommendations of the arbitrators are violative of the provisions of the Constitution the same can be challenged.

12. These OAs were filed after Parliament accepted the modification suggested by the Central Government in regard to the date of commencement of the award and OM dated 11-11-1988 was issued on Parliament accepting the modification. On the basis of seniority-cum-fitness the SSAs were selected to the upgraded posts as envisaged under the said order and they were also paid