( 1 ) THIS writ petition, the calcutta port shramik union represented by its general secretary, parbati das and calcutta port officers' federation represented by its general secretary, dipankar ghosh had challenged the decision of the calcutta port trust to roll back the retirement age from 60 years to 58 years. The facts of the case briefly are that originally the retirement age of class i, class ii and class iii employees of the calcutta port trust (cpt) was 55 years. Whereas the retirement age of class iv employees was 60 years. By a resolution dated september 30, 1963, the retirement age of the class i, class ii and class iii employees were raised from 55 years to 58 years in order to maintain parity with the decision taken by the central government in respect of its employees at the material point of time. By a resolution dated october 30, 1972, the retirement age of class iv employees was reduced from 60 years to 58 years. The fundamental rules was amended by fundamental (amendment) rules, 1998, amending rule 56 by a notification dated may 13, 1998 providing for retirement age on the attainment of 60 years by a government servant. The calcutta port trust by a