CHANDRACHUD D. Y. , J.

( 1 ) THIS petition arises out of an order of the industrial Court dismissing a complaint filed by the petitioner complaining of unfair labour practice under Items 5, 9 and 10 of Schedule IV to the maharashtra Recognition of Trade Unions and Prevention of Unfair Labour practices Act, 1971 ("the Act" ). The petitioner joined the service of a company known by the name of Ciba of India Limited (later Known as Hindustan Ciba geigy Limited) on 1st June, 1965 initially as a typist. He was then appointed as a Punch Operator. On 2nd March, 1990 he was promoted with effect from 1st January, 1990 to the post of an Assistant in the Executive cadre. The petitioner was informed that as a result, with effect from the date of his promotion, his remuneration package would be as indicated in the contract of employment that was furnished to him; that in the matter or gratuity he would be governed by the scheme that was applicable to the executive staff and that he would become a member of the pension scheme applicable to the executive staff with effect from January, 1990. The contract of employment provided that the petitioner shall retire from service at the end of th