Altamas Kabir, J. - (1.) By an appointment letter dated October 24, 1967, the petitioner was appointed as "Works Metallurgist" at the Ujjain Works of IISCO Stanton Pipe and Foundry Company Ltd., hereinafter referred to as "Stiscon", a subsidiary of Martin Burn Ltd. and he joined his duties with effect from November 11, 1967. In the petitioners letter of appointment it was specifically indicated that his services would be governed by the rules of service for Assistants of IISCO Stanton Pipe and Foundry Company
(2.) The appointment letter did not mention as to what would be the petitioner's age of superannuation and there was no mention of such age of superannuation in the service rules for Assistants of STISCON either.
(3.) In 1972 the management of Indian Iron and Steel Company Ltd., hereinafter referred to as "IISCO", was taken over by the Government of India and steps were, thereafter, taken to rationalise the service conditions of all executives of IISCO and its subsidiaries by the issuance of detailed service conditions contained in Memo 2 No. GM:TS/1 dated July 1, 1973, herein the age of superannuation was mentioned as 58 years. According to the petitioner, he and the other executives of STISCON had no option but to accept the rationalised terms and conditions of service.;