Rakesh Tiwari, J. - (1.) Heard counsel for the parties and perused the record.
(2.) This writ petition has been filed praying, inter alia, quashing of the impugned award dated 20.2.1997 (Annexure-21 to the writ petition) passed by respondent No. 1.
(3.) The case of the petitioner U.P. State Electricity Board (hereinafter referred to as the petitioner-Board), in brief, is that it was constituted under Section 5 of the Electricity (Supply) Act, 1948. Respondent No. 2, Mani Ram, was employed in the petitioner-Board. His date of birth was recorded in his service record as 1.3.1931. He retired from service after attaining the age of superannuation, i.e.; 58 years from the post of High Pressure Welder. A certificate dated 24.10.1997 was issued by the Government of India, Ministry of Supply and Rehabilitation, Department of Supply through the competent authority/Director, National Test House, Alipore, Calcutta, containing the signatures of respondent Mani Ram countersigned by the Chief Inspector of Boilers, U.P., Kanpur, showing his date of birth as 1.3.1931. Similarly on 16.8.1979 and 27.11.1984 the competent authority National Test House, Calcutta issued certificates duly signed by respondent Sri Mani Ram himself. The service book of Sri Mani Ram also goes to show that his date of birth as recorded in the service record in Form No. 13 dated 9.3.1971 is 1.3.1931. On 28.3.1986, Sri Mani Ram filed an application after expiry of 17 years of service for correction in the service records regarding date of birth. He alleged that his correct date of birth is 1.3.1941 instead of 1.3.1931. Respondent No. 3 thereafter raised an industrial dispute regarding correction of his date of birth in his service book. The following reference was made to the Labour Court Vth, Kanpur, or adjudication : "Whether the employers were justified in recording date of birth of Sri Mani Ram as 1.3.1931 in the Service Book of the workman Sri Mani Ram son of Sri Pooran Lal, High Pressure Welder, Boiler Maintenance Division? If not, then what should have been the correct date of birth?";