AHMEDNAGAR MAHANAGAR PALIKAversusAHMEDNAGAR MAHANAGAR PALIKA KAMGAR UNION

                        [2022] 7 S.C.R. 195                              195


            AHMEDNAGAR MAHANAGAR PALIKA                                  A
                                  v.
 AHMEDNAGAR MAHANAGAR PALIKA KAMGAR UNION
                   (Civil Appeal No. 5944 of 2022)
                       SEPTEMBER 05, 2022                                B
        [M. R. SHAH AND B. V. NAGARATHNA, JJ.]
       Appointment – On Compassionate grounds – Ahmednagar
Municipal Council was converted to Ahmednagar Mahanagar
Palika / Municipal Corporation in 2003 – When the Council was in
                                                                         C
existence, an industrial dispute was raised by Union – One demand
was with respect to employment to be given to heirs of the employees
– In 1981, the Industrial Court directed that the employees in Class-
IV category, if they die before their retirement; if they become
invalid, or if they retire, their heirs should be given appointment in
their place – In 2005 the Industrial Court modified the earlier award    D
whereby compassionate appointment to heirs of employees on their
superannuation /retirement was not provided and compassionate
appointment was provided only to heirs of deceased employees of
Class-IV category – Two other industrial dispute were raised by
Ahmednagar Mahanagar Palika Kamagar Union where employment
                                                                         E
for heirs of retired employees as per award passed in 1981 was
claimed – By judgment and award of 2016, the Industrial Court
directed Ahmednagar Mahanagar Palika to provide employment to
heirs of employees on their retirement on attaining the age of
superannuation – High Court upheld the 2016 order of the Industrial
Court – On appeal, held : The award of 1981 was passed when the          F
Municipal Council was in existence – After the Municipal Council
was converted into Municipal Corporation in 2003, its employees
were governed by scheme framed by the State government which
did not provide for appointment on compassionate grounds to heirs
of employees on their retirement or superannuation – Even
                                                                         G
otherwise, appointment to heirs of employees on their retirement or
superannuation would be contrary to the object and purpose of
appointment on compassionate ground – If such an appointment is
permitted, outsiders shall never get an opportunity to get an
appointment though they may be more meritorious or more qualified
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                                 195
196           SUPREME COURT REPORTS                     [2022] 7 S.C.R.


A     – Such appointment would be violative of Arts. 14 and 15 of the
      Constitution – Constitution of India.
           Allowing the appeals, the Court
            HELD: 1. In the year 2003, the Municipal Council has been
      converted to Municipal Corporation /Mahanagar Palika and all
B     the employees under Mahanagar Palika/Municipal Corporation
      are governed by the scheme/rules & regulations framed by the
      State Government, which does not provide for any appointment
      on compassionate grounds or the appointment to the heirs of the
      employees on their superannuation /retirement. It was not open
C     for the Industrial Court and/or even the High Court to direct the
      Mahanagar Palika/Municipal Corporation to provide appointment
      to the heirs of the employees on their retirement/superannuation,
      relying upon the judgment and award passed by the Industrial
      Court in Reference IT No. 51 of 1979. [Paras 5 and 6][202-H;
      203-A; 205-B-C]
D
            2. After the conversion of the Municipal Council to
      Municipal Corporation/Mahanagar Palika, the employees of the
      Mahanagar Palika/Municipal Corporation shall be governed by
      the scheme framed by the State Government and at par with the
      government employees. The employees of the Mahanagar Palika/
E     Municipal Corporation shall be governed by the scheme of the
      State Government at par with the government employees, which
      does not provide for appointment on compassionate grounds to
      the heirs of the employees on their retirement and/or
      superannuation. [Para 7][205-C-F]
F           3. Even otherwise, such an appointment to the heirs of the
      employees on their retirement and/or superannuation shall be
      contrary to the object and purpose of appointment on
      compassionate grounds and is hit by Article 14 of the Constitution
      of India. The appointment on compassionate grounds is not
G     automatic and shall be subject to the strict scrutiny of various
      parameters including the financial position of the family, the
      economic dependence of the family upon the deceased employee
      and the avocation of the other members of the family. No one can
      claim to have a vested right for appointment on compassionate
      grounds. Therefore, appointment on compassionate grounds
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      AHMEDNAGAR MAHANAGAR PALIKA v. AHMEDNAGAR                        197
           MAHANAGAR PALIKA KAMGAR UNION


cannot be extended to the heirs of the employees on their              A
superannuation and/or retirement. If such an appointment is
permitted, in that case, outsiders shall never get an appointment
and only the heirs of the employees on their superannuation and/
or retirement shall get an appointment and those who are the
outsiders shall never get an opportunity to get an appointment
                                                                       B
though they may be more meritorious and/or well educated and/
or more qualified. Therefore, the submission on behalf of the
respondent that the appointment is not on compassionate grounds
but the same be called as varas hakka cannot be accepted. Even
if the same be called as varas hakka the same is not supported
by any scheme and even the same also can be said to be violative       C
of Article 14 as well as Article 15 of the Constitution of India.
[Para 8][205-F-H; 206-A-C]
     3. Both the Judgment and award passed by the Industrial
Court as well as the High Court in directing the Mahanagar Palika/
Municipal Corporation to give appointment to the heirs of the          D
employees on their superannuation and/or retirement is
unsustainable. [Para 9][206-C-D]
      The Secretary to Govt. Department of Education
      (Primary) & Others v. Bheemesh alias Bheemappa, 2021
      SCC OnLine SC 1264 and Subhadra v. Ministry of                   E
      Coal and Another (2018) 11 SCC 201- referred to.
                      Case Law Reference
(2018) 11 SCC 201              referred to         Para 4.2
      CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5944              F
of 2022.
      From the Judgment and Order dated 22.03.2022 of the High Court
of Judicature at Bombay Bench at Aurangabad in Writ Petition No.
6806 of 2017.
      With                                                             G
      Civil Appeal No.5945 of 2022.
      Suhas Kadam, M/s Black & White Solicitors, Advs. for the
Appellant.

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198              SUPREME COURT REPORTS                            [2022] 7 S.C.R.


A          Ms. Iyer Shruti Gopal, Anandh K., Ms. Anchal Raj, Advs. for the
      Respondent.
               The Judgment of the Court was delivered by
               M. R. SHAH, J.
B            1. Feeling aggrieved and dissatisfied with the impugned common
      judgment and order dated 22.03.2022 passed by the High Court of
      Judicature at Bombay, Bench at Aurangabad in Writ Petition Nos. 6806/
      2017 & 3465/2017, by which the High Court has dismissed the said two
      writ petitions preferred by the appellant herein – Ahmednagar Mahanagar
      Palika, Ahmednagar and has confirmed the judgment(s) and award(s)
C     passed by the Industrial Court dated 16.09.2016 and 21.09.2016 in
      Complaint (ULP) No. 55/2005 and Complaint (ULP) No. 83/2005
      respectively, directing the Ahmednagar Mahanagar Palika to provide
      compassionate appointment to the eligible heirs in accordance with the
      provisions of award dated 30.03.1981 passed in Reference IT No. 51 of
D     1979, the Ahmednagar Mahanagar Palika has preferred the present
      appeals.
               2. The facts leading to the present appeals in a nutshell are as
      under:
              That in the year 2003, Ahmednagar Municipal Council was
E     converted to Ahmednagar Mahanagar Palika. At the time when the
      Municipal Council was in existence, an industrial dispute was raised by
      the Union being Reference IT No. 51 of 1979. Demand No. 3 was with
      respect to the employment to be given to the heirs of the employees. At
      the relevant time, it was agreed by the Municipal Council that the
F     employees in Class-IV category (if they die before their retirement) in
      all departments, except Health Department, if they become invalid, or if
      they retire, their heirs will be given appointment in their place.
      Consequently, by judgment and award dated 30.03.1981, the Industrial
      Court directed that the employees in Class-IV category, if they die before
      their retirement; if they become invalid, or if they retire, their heirs should
G     be given appointment in their place.
            2.1 It appears that thereafter some further demands were raised
      and the judgment and award dated 30.03.1981 in Reference IT No. 51
      of 1979 was sought to be modified and therefore the references were
      made to the Industrial Court being Reference (IT) No. 2 of 1993 to
H     Reference (IT) No. 4 of 1993. Demand No. 4 was with respect to the
      AHMEDNAGAR MAHANAGAR PALIKA v. AHMEDNAGAR                              199
      MAHANAGAR PALIKA KAMGAR UNION [M. R. SHAH, J.]


employment of the heirs of the employees (the same was at the instance       A
of the Mahanagar palika). Ahmednagar Mahanagar Palika gave a notice
of change in respect of demand of employment to the heirs of the
employees as per Reference IT No. 51 of 1979 and the said dispute was
referred for adjudication as Reference (IT) No. 2 of 1993. By judgment
and award dated 21.02.2005, with respect to the aforesaid Demand No.
                                                                             B
4, the Industrial Court modified the earlier award in Reference IT No.
51 of 1979 and directed the Ahmednagar Mahanagar Palika to provide
(1) employment to the legal heirs of the employees of Class-IV category
working in health department only (2) to provide the employment to the
legal heirs of all categories, i.e., Class-I category to Class-IV category
on compassionate ground as per government resolutions and circulars at       C
par with government employees. Meaning thereby, under the said award,
the compassionate appointment to the heirs of the employees on their
superannuation/retirement was not provided and the compassionate
appointment was provided only to the heirs of the deceased employees
of Class-IV category.
                                                                             D
       2.2 It appears that thereafter two other industrial disputes were
raised by the Ahmednagar Mahanagar Palika Kamgar Union against
the Municipal Corporation/Mahanagar Palika which were in the year
2005 being Complaint (ULP) No. 55 of 2005 and Complaint (ULP) No.
83 of 2005. One of the reliefs claimed was for employment for the legal
heirs of retired employees as per judgment and award dated 30.03.1981        E
passed in Reference IT No. 51 of 1979. By judgment(s) and award(s)
dated 16.09.2016 and 21.09.2016 respectively, impugned before the High
Court, the Industrial Court directed the Ahmednagar Mahanagar Palika
to provide employment to the eligible heirs in accordance with the
provisions in the award passed in Reference IT No. 51 of 1979. Thus,         F
the Industrial Court directed to provide employment to the heirs of the
employees on their retirement on attaining the age of superannuation.
The judgment(s) and award(s) passed by the Industrial Court dated
16.09.2016 and 21.09.2016 passed in Complaint (ULP) No. 55/2005
and Complaint (ULP) No. 83/2005 respectively were the subject matter
of writ petitions before the High Court. By the impugned common              G
judgment and order, the High Court has dismissed/disposed of the
aforesaid writ petitions as under:
      “(a) The candidates in Annexures ‘A’ and ‘B’, who have not
      completed 45 years of age as on date, i.e., 01.03.2022 shall be
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200            SUPREME COURT REPORTS                            [2022] 7 S.C.R.


A           granted compassionate appointment on or before 30.04.2022 in
            the light of the vacancies available in view of the affidavit in reply
            dated 21.03.2022.
            (b) Those candidates who have completed 45 years of age as on
            01.03.2022, would be entitled for a lump sum compensation of
B           Rs. 5 lacs in lieu of compassionate appointment. Such compensation
            amount shall be paid, on or before 31.05.2022.
            (c) The Municipal Corporation shall issue the orders of
            appointments to eligible candidates in view of the above directions,
            on or before 30.04.2022.”
C           2.3 Feeling aggrieved and dissatisfied with the impugned common
      judgment and order passed by the High Court, the original writ petitioner
      – Ahmednagar Mahanagar Palika through its Commissioner has
      preferred the present appeals.
             3. Mr. Suhas Kadam, learned Advocate has appeared on behalf
D     of the appellant – Ahmednagar Mahanagar Palika and Ms. Iyer Shruti
      Gopal, learned Advocate has appeared on behalf of the respondent –
      Union.
            3.1 Learned counsel appearing on behalf of the appellant –
      Mahanagar Palika has vehemently submitted that both, the Industrial
E     Court as well as the High Court have passed orders relying upon the
      judgment and award dated 30.03.1981 passed in Reference IT No. 51
      of 1979. That the said award was passed at a time when Ahmednagar
      Mahanagar Palika was a Municipal Council. In the year 2003, the
      Municipal Council has been converted to a Municipal Corporation and
F     the employees of the Mahanagar Palika/Municipal Corporation are
      governed by the rules and regulations/scheme framed by the State
      Government. Therefore, the employees of the Mahanagar Palika/
      Municipal Corporation shall be entitled to the benefit of the scheme of
      appointment on compassionate grounds at par with the government
      employees. It is submitted that therefore both, the Industrial Court as
G     well as the High Court have committed a grave error in directing the
      Mahanagar Palika/Municipal Corporation to give appointment to the heirs
      of the employees on their retirement and/or superannuation as per
      judgment and award dated 30.03.1981 passed in Reference IT No. 51
      of 1979, which was in the year 1981 at the time when the Municipal
      Council was in existence.
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      AHMEDNAGAR MAHANAGAR PALIKA v. AHMEDNAGAR                              201
      MAHANAGAR PALIKA KAMGAR UNION [M. R. SHAH, J.]


       3.2 Relying upon the recent decision of this Court in the case of     A
The Secretary to Govt. Department of Education (Primary) & Others
v. Bheemesh alias Bheemappa, 2021 SCC OnLine SC 1264, it is
further submitted that the appointment on compassionate ground shall
have to be made as per the modified scheme. It is submitted that in the
present case, subsequently by judgment and award dated 21.02.2005
                                                                             B
passed in Reference (IT) No. 2/1993, the Industrial Court modified the
demand with respect to employment to the heirs of the employees on
their retirement/superannuation and directed that only the legal heirs of
the deceased employees shall be entitled to appointment on compassionate
ground. Also the legal heirs of all the categories shall be entitled to
compassionate appointment as per the government resolutions and              C
circulars at par with the government employees. It is submitted that
both, the Industrial Court as well as the High Court have seriously erred
in directing the Mahanagar Palika to given appointment to the heirs of
the employees on their retirement/superannuation.
      3.3 It is further submitted that even otherwise such a direction to    D
give appointment to the heirs of the employees on their retirement/
superannuation shall be hit by Article 14 of the Constitution of India and
against the object of providing appointment on compassionate grounds.
       3.4 It is submitted that as observed and held by this Court in a
catena of decisions, the appointment on compassionate grounds is not         E
automatic, but subject to strict scrutiny of various parameters including
the financial position of the family, the economic dependence of the
family upon the deceased employee and such factors. It is submitted
therefore also that such a direction to give appointment to the heirs of
the employees on their retirement/superannuation ought not have been
passed by the Industrial Court, confirmed by the High Court.                 F

       3.5 It is next submitted by the learned counsel appearing on behalf
of the Mahanagar Palika/Municipal Corporation, that even otherwise,
the direction issued by the High Court to pay a lump sum compensation
of Rs. 5 lacs in lieu of the compassionate appointment to those candidates
who have completed 45 years of age as on 1.3.2022 is unsustainable.          G
      3.6 Making the above submissions and relying upon the above
decision, it is prayed to allow the present appeals.
      4. Both these appeals are vehemently opposed by learned counsel
appearing on behalf of the respondent.
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202             SUPREME COURT REPORTS                            [2022] 7 S.C.R.


A            4.1 It is vehemently submitted by the learned counsel appearing
      on behalf of the respondent that in the facts and circumstances of the
      case and considering the binding nature of the judgment and award passed
      by the Industrial Court dated 30.03.1981 in Reference IT No. 51 of
      1979, neither the Industrial Court nor the High Court have committed
      any error in directing appointments to be given to the heirs of the
B
      employees on their superannuation and/or retirement.
             4.2 It is submitted that in the present case the parties are governed
      by the terms of the Bipartite Agreement resulting in judgment and award
      dated 30.03.1981 passed in Reference IT No. 51 of 1979. It is submitted
      therefore that there is no question of any discretion and the heirs of the
C     employees are entitled to the appointment on compassionate grounds on
      the superannuation and/or retirement of the concerned employees.
      Reliance is placed on the decision of this Court in the case of Subhadra
      v. Ministry of Coal and another, (2018) 11 SCC 201.
             4.3 It is further submitted that as the heirs of the employees acquire
D     the right of appointment under the judgment and award passed in
      Reference IT No. 51 of 1979, the concerned heirs of the employees are
      entitled to appointment being heirs of the employees on their retirement
      and/or superannuation.
            4.4 It is contended that the appointment to the heirs of the
E     employees on their superannuation and/or retirement cannot be said to
      be an appointment on compassionate grounds but it is called varas
      hakka. It is submitted that therefore any decision of this Court on
      compassionate appointment shall not be applicable to the facts of the
      case on hand.
F            5. We have heard learned counsel for the respective parties at
      length.
             At the outset, it is required to be noted that in the present case,
      the Industrial Court has directed the Mahanagar Palika/Municipal
      Corporation to give appointment to the heirs of the employees on their
G     superannuation/retirement as per judgment and award passed in
      Reference IT No. 51 of 1979. However, it is required to be noted that
      the said judgment and award was passed in the year 1981, at the time
      when the Municipal Council was in existence. That thereafter in the
      year 2003, the Municipal Council has been converted to Municipal
      Corporation/Mahanagar Palika and all the employees under Mahanagar
H
      AHMEDNAGAR MAHANAGAR PALIKA v. AHMEDNAGAR                               203
      MAHANAGAR PALIKA KAMGAR UNION [M. R. SHAH, J.]


Palika/Municipal Corporation are governed by the scheme/rules &               A
regulations framed by the State Government, which does not provide for
any appointment on compassionate grounds or the appointment to the
heirs of the employees on their superannuation/retirement.
       6. Even otherwise, it is required to be noted that in Reference
(IT) No. 2/1993, which was at the instance of Mahanagar Palika on the         B
notice of change in respect of demand of employment to the heirs of the
employee as per Reference (IT) No. 51 of 1979, the Industrial Court
vide judgment and award dated 21.02.2005 directed the appointment on
compassionate grounds to the heirs of the deceased employees only. It
was specifically observed by the Industrial Court that at the time of
passing earlier award in Reference IT No. 51 of 1979, i.e., in the year       C
1979 the demand to provide the employment to the legal heirs of the
employees on their retirement/superannuation was reasonable, however,
in the present situation the said demand does not appear to be good and
reasonable. The Industrial Court further observed that, needless to say,
now-a-days the unemployment problem is a very major problem and in            D
spite of high qualifications the qualified persons are not getting jobs and
they remain unemployed. While modifying the demand and directing to
provide appointment on compassionate grounds to the legal heirs of the
employees (on the death of the concerned employee), in judgment and
award dated 21.02.2005 in Reference IT No. 2/1993, it was observed
by the Industrial Court as under:                                             E

      “It seems from the oral submissions of the parties that, at the time
      of passing earlier award in Ref. (IT) No. 51/1979 i.e., in the year
      1979 the demand for providing the employment to the legal heir of
      employee was reasonable however in present situation the said
      demand does not appears to be good and reasonable. Needless to          F
      say, that nowadays the unemployment problems is very major. In
      spite of high qualifications, the qualified persons are not getting
      job and they are unemployed. In view of this demand there is no
      scope for qualified unemployed person to get the job in the
      establishment of the party no. 1, as the legal heirs of the employees   G
      will get the job in place of the employee working in the
      establishment of the party no. 1. Mr. Patil learned advocate for
      the party no. 1 rightly submitted that on the basis of this demand
      the legal heirs are claiming employment on attaining the majority
      and if the legal heir is minor at the time of superannuation and that
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204      SUPREME COURT REPORTS                           [2022] 7 S.C.R.


A     too after 10 years also under such circumstances in my opinion
      also the demand of providing employment to the legal heirs does
      not appears to be proper.
      It has sufficiently come on record through the oral evidence of
      the parties that as per this demand the employment has been
B     claimed as of right and there is no scope for selection of proper
      candidate, even the guidelines of the government regarding
      Reservation could not be followed. It is pertinent to note here
      that, as per the government policy certain post in the establishment
      are reserved for back ward classes and on those post-employment
      is to be given to the candidate from reserve category however as
C     there is no scope for employment to others, therefore, it is very
      difficult for the candidates from reserve category to get
      employment in the establishment of the party no. 1.
      It has also come on record that, as per this demand the employment
      is being claimed for distant relative on the basis of adoption. True
D     it is that the adoption can be made as per law and after adoption
      the adopted child because legal heir of that person however it
      seems from the various copies of documents placed before the
      Court that employment has been claimed for nephew on the basis
      of affidavit saying that the nephew is taking care of that employee.
E     Similarly, in another matter the employment is sought for adopted
      son by application dated 02.05.1997 and deed of adoption has
      been executed on 30.04.1997.
      From these documents it can be said positively that the demand
      or providing employment to the legal heirs of the employees has
F     been misused. Furthermore, nothing has been placed on record
      on behalf of the party no. 2 union that such practice is being
      continued in any other establishment. The witness of the party
      no. 2 union specifically asked about the however he could not
      brought any documentary evidence.

G     In my opinion also even though this demand was reasonable in
      1979 however the same is certainly not reasonable and justified
      during present days and in the light of misuse of the demand it can
      be safely said that the party no. 1 is justified in seeking change in
      the demand in respect of providing the employment to the legal
      heirs of the employees on superannuation, invalidity or resignation,
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      AHMEDNAGAR MAHANAGAR PALIKA v. AHMEDNAGAR                                 205
      MAHANAGAR PALIKA KAMGAR UNION [M. R. SHAH, J.]


      be now I am inclined to modify the demand and directing the               A
      party no. 1 to provide (1) employment to the legal heirs of the
      employees of Class-IV category working in health department
      only (2) to provide the employment to the legal heirs of all categories
      i.e. Class-I category to Class-IV category on compassionate
      ground as per government Resolutions and circulars at par with
                                                                                B
      governments employees.”
      In view of the above also, thereafter it was not open for the
Industrial Court and/or even the High Court to direct the Mahanagar
Palika/Municipal Corporation to provide appointment to the heirs of the
employees on their retirement/superannuation, relying upon the judgment
and award passed by the Industrial Court in Reference IT No. 51 of              C
1979.
       7. After the conversion of the Municipal Council to Municipal
Corporation/Mahanagar Palika, the employees of the Mahanagar Palika/
Municipal Corporation shall be governed by the scheme framed by the
State Government and at par with the government employees. As per               D
the recent decision of this Court in the case of Bheemesh alias
Bheemappa (supra), the appointment on compassionate ground shall
be as per the modified scheme. Therefore, the employees of the
Mahanagar Palika/Municipal Corporation shall be governed by the
scheme of the State Government at par with the government employees,            E
which does not provide for appointment on compassionate grounds to
the heirs of the employees on their retirement and/or superannuation.
        8. Even otherwise, such an appointment to the heirs of the
employees on their retirement and/or superannuation shall be contrary
to the object and purpose of appointment on compassionate grounds and           F
is hit by Article 14 of the Constitution of India. As observed and held by
this Court in a catena of decisions, compassionate appointment shall
always be treated as an exception to the normal method of recruitment.
The appointment on compassionate grounds is provided upon the death
of an employee in harness without any kind of security whatsoever.
The appointment on compassionate grounds is not automatic and shall             G
be subject to the strict scrutiny of various parameters including the
financial position of the family, the economic dependence of the family
upon the deceased employee and the avocation of the other members of
the family. No one can claim to have a vested right for appointment on
compassionate grounds. Therefore, appointment on compassionate                  H
206              SUPREME COURT REPORTS                        [2022] 7 S.C.R.


A     grounds cannot be extended to the heirs of the employees on their
      superannuation and/or retirement. If such an appointment is permitted,
      in that case, outsiders shall never get an appointment and only the heirs
      of the employees on their superannuation and/or retirement shall get an
      appointment and those who are the outsiders shall never get an opportunity
      to get an appointment though they may be more meritorious and/or well
B
      educated and/or more qualified. Therefore, the submission on behalf of
      the respondent that the appointment is not on compassionate grounds
      but the same be called as varas hakka cannot be accepted. Even if the
      same be called as varas hakka the same is not supported by any scheme
      and even the same also can be said to be violative of Article 14 as well
C     as Article 15 of the Constitution of India.
             9. In view of the above and for the reasons stated above, both the
      Judgment and award passed by the Industrial Court as well as the High
      Court in directing the Mahanagar Palika/ Municipal Corporation to give
      appointment to the heirs of the employees on their superannuation and/
D     or retirement is unsustainable and the same deserves to be quashed and
      set aside.
             10. In view of the above and for the reasons stated above, both
      these appeals succeed. The impugned common judgment and order dated
      22.03.2022 passed by the High Court as well as the judgment(s) and
E     award(s) dated 16.09.2016 and 21.09.2016 passed in Complaint (ULP)
      No. 55/2005 and Complaint (ULP) No. 83/2005 respectively directing
      the Mahanagar Palika/Municipal Corporation to appoint the heirs of the
      employees on their retirement/superannuation in terms of judgment and
      award dated 30.03.1981 passed in Reference IT No. 51 of 1979 are
      hereby quashed and set aside.
F
            11. Accordingly, the instant appeals are allowed in the aforesaid
      terms. However, in the facts and circumstances of the case, there shall
      be no order as to costs.


G     Bibhuti Bhushan Bose                                       Appeals allowed.
      (Assisted by : Shubhanshu Das, LCRA)




H