JUDGMENT - Dr. B.P. SARAF, J.:---The five writ petitioners were the employees of the Bombay Port Trust working on Class III post. All of them retired on different dates between 1st January 1979 and 31st March 1979. The dispute in this petition relates to the entitlement of their pensionary benefits.

2. When the petitioners joined service they were admitted to Contributory Provident Fund Scheme. They continued to be governed by the said scheme till 1979. On 8th May 1979, the Trustees of the Port of Bombay by Resolution No. 137 of 1979 adopted the liberalised provisions of pension of the Third Pay Commission for various categories of employees including Class III and Class IV employees. It was made applicable to Class III and Class IV employees if they opted for pension and agreed to be governed by the definition of pay as applicable to the Central Government employees. The option was given to those employees who were in service on 31-12-1978. The petitioners who retired between the period from 1-1-1979 to 31-3-1979 opted to come under the Pension Scheme with the Port Trust definition of pay, as it was found more beneficial to them. Soon thereafter, on 25-5-1979 the Government of Indi

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