Hon’ble Rajan Roy, J.—Heard Sri Ravi Kant, learned senior counsel assisted by Sri P.K. Sinha, advocate for the petitioner and Sri Chandan Sharma, learned counsel for the contesting respondents.

2. The respondents were employed in the petitioner company, i.e. Bharat Pumps and Compressors Limited, which is a Public Sector Undertaking of the Government of India. On 25.6.1999, the Government of India took a decision to revise the pay-scale of Board level and below Board level posts including non-unionised Supervisors in Public Sector Undertakings.

3. As proceedings relating to the petitioner company were pending before the B.I.F.R., i.e. Board for Industrial and Financial Reconstruction, since 1995, as such, the aforesaid decision of the Government of India was not enforced in respect of the employees of the company.

4. In the mean time, on 13.12.2001, a scheme for voluntary retirement was floated by the company, which was extended, from time to time, to reduce excess man-power in the company.

5. Under the Scheme ex gratia payment, calculated on the basis of Pay Revision 1992 was payable to the optees as the Pay Revision 1997 had not been implemented in the company.

6. As the P