JUDGMENT :

Hegde, J.

1. In this appeal by special leave against the award made by the Additional Industrial Tribunal, Delhi, the only question that arises for decision is whether the tribunal erred in fixing the age of superannuation of the workmen of the appellant company at 60 years.

2. The tribunal, after examining the material placed before it, came to the conclusion that there is a general trend in Delhi area to raise the age of superannuation of workmen to 60 years. Herein we have two categories of workmen, namely- (i) clerical staff and (ii) other workmen, such as peons, daftries, drivers, fitters etc. So far as clerical staff is concerned, there is a pension scheme, which provides for payment of pension to those who are superannuated, the quantum of pension being fixed at 40 per centum of the average basic salary of the workmen concerned during the last five years of his service.

3. In the appellant Company, there was no age of superannuation till 1955. Thereafter the age of superannuation was fixed at 55 years. The age of superannuation thus fixed was not altered in the various agreements entered into between the parties ever since 1955. As mentioned earlier, according to the