Anjani Kumar, J. - (1.) By means of present writ petition under Article 226 of the Constitution of India the petitioner-employers U. P. Electricity Board have challenged the order dated 10th December, 1997, passed by the Labour Court-IV, U. P, Kanpur in Misc. Case No. 163 of 1996, copy whereof is annexed as Annexure-7 to the writ petition, whereby the labour court purporting to allow computation of amount for a sum of Rs. 1,44,676 in favour of the workman concerned in exercise of power under Section 33C (2) of the Industrial Disputes Act, 1947 (in short 'Act').
(2.) Heard learned counsel appearing on behalf of the parties.
(3.) The case set up by the workman-respondent, in short, before the Labour Court is that the aforesaid workman has been retired by the petitioner-employers on an incorrect entry of the date of birth without his actually attaining the age of superannuation. The workman therefore, filed a suit being Suit No. 221 of 1993 before the Civil Court, Kanpur Nagar for declaration of his date of birth. The Civil Court vide its judgment and decree dated 22nd February, 1994 gave declaration in favour of the workman that the date of birth of the workman was 4th November, 1939, therefore, the action of the employers treating his date of birth to be of the year 1933 and retiring him in the year 1999 is illegal. The aforesaid suit was filed by the workman concerned pursuant to the order passed by this Court in Writ Petition No. 39240 of 1993 filed by him, wherein this Court fide its order dated 26th November, 1993 directed as under : "In the circumstances the proper course for the petitioner is to seek declaration from the civil court regarding the correct date of his birth. The writ petition lacs merit Inasmuch as the question involved in the writ petition cannot appreciably be resolved in the writ jurisdiction. In case, petitioner files a suit, this order will not stand in his way and shall not cause any prejudice for deciding the suit on merits. With these observations, the writ petition is dismissed.";