P.R. Bora, J.

The present appeal is directed against the order passed by the learned Single Judge in Writ Petition No. 4009/1997, on 19th of September, 2007. Present respondent No. 1 had filed the said writ petition challenging the award passed by present respondent No. 2 in Reference (I.T.) No. 156/1985 on 31st of July, 1996. Following was the dispute referred to the Industrial Tribunal for adjudication.

SCHEDULE

"To determine the propriety, validity and legality of the Company's circular dated 22nd May, 1974 intimating unilateral withdrawal of the Pension Scheme from 9th of May, 1974."

The learned Industrial Tribunal rejected the Reference. In the writ petition, the learned Single Judge set aside the order passed by the Industrial Tribunal and held that the benefit which initially was extended unilaterally by the employer had metamorphosed into a privilege with the passage of time and the workers were entitled to receive pension as a matter of right. Aggrieved thereby, the employer has preferred the present appeal. For convenience, appellant is hereinafter referred to as 'Company' and respondent No. 1 as 'Union'.

2. The company had introduced a Pension Scheme for its clerica