( 1 ) THIS application under S. 115 of the Code of Civil Procedure filed at the instance of the defendants, the Executive Director of Usha Sewing Machine Works Ltd. , and the Jay Engineering Works Ltd. , is directed against Order No. 66 dated Nov. 12,1984 of the 3rd Court of the Assistant District Judge, Alipore passed in the Suit No. 52 of 1981. By the said order, the learned Assistant District Judge allowed the application for substitution of the heirs of the deceased plaintiff No. 2 Birendra Chandra Roy.

( 2 ) THE said suit was instituted by the said Birendra Chandra Roy, since deceased, and the plaintiff No. 1 Sha Sha Bindu Roy, who were employees of Jay Engineering Works ltd. , inter alia, praying for a declaration that the notices of their superannuation before their attaining the age of 60 years were illegal, inoperative and void; for a permanent injunction restraining the defendants from in any way interfering with plaintiffs' services under the defendant company; for a mandatory injunction directing the defendants to withdraw and/or rescind the notices of retirement and for damages on the basis of total emoluments on and from the first day of Jan. 1981, ti