S.N.Jha, J.

1. This appeal under Clause 10 of the Letters Patent of the Patna High Court from the judgment of a learned Single Judge of this Court arises out of an award of the Labour Court. The appellant challenged the award by way of writ petition. Having lost before the Single Judge, it has come in letters patent appeal. The facts of the case, shortly stated, are as follows.

2. The workman, namely, S.S. Prasad, who is respondent No. 3 in this appeal, was one of the employees of the appellant company. He opted for voluntary retirement under the Voluntary Retirement Scheme in May 1982. His resignation was accepted by the management with effect from July 15, 1982. He was allowed pension @ Rs. 167 as per the Memorandum of Settlement dated August 17, 1981. Earlier, a; pension scheme had been introduced by the management in terms of agreement dated June 27, 1977 in terms of which pension was payable for a period of ten years to such workmen, who retired on or after June 1, 1977. On August: 17, 1981, the management entered into another agreement with the Indian Tobacco Companys Employees Union representing the workmen at Patna effective from May 1981. While the period of pensio