JUDGMENT

H.N. Seth, J. - Messrs. India Tobacco Co. Ltd. (hereinafter referred to as the employers) have filed the present writ petition praying for the issue of a writ, direction or order in the nature of certiorari, for quashing the award of the Labour Commissioner, U. P. dated 22/25-11-1972, made under clause (4) of the U. P. Workmen's Gratuity Scheme, enforced by the State Government, as per its Notification No. 4268 (ST) XXXVI-1-170 (ST)-71, dated November 19, 1971 issued under Section 3 (b) of the U. P. Industrial Disputes Act, 1947.

2. The facts giving rise to the present writ petition briefly stated are that the petitioner company carries on the business of manufacture and sale of cigarettes and smoking tobacco. One of its factories is situated at Saharanpur. In the year 1962, a settlement was arrived at between the employers and their workmen which was duly registered under Section 6 (b) of the U. P. Industrial Disputes Act. This settlement provided that with effect from 1st January, 1961, all workmen will be retired from the service of the company on 31st December of the year in which they attained the age of 58 years according to the age mentioned in employers records. The