Sudhir Narain J. - (1.) The petitioner seeks writ of certiorari quashing the notice dated 10-11-1994 communicating the petitioner that be shall retire with effect from 31-1-95 on attaining the age of 58 years.
(2.) The fact, in brief, are that the petitioner was appointed as a Cleric on 1st July. 1994 in District Co-operative Bank Limited, Deoria in pursuance of the resolution passed by the Committee of Management (hereinafter referred to as the Bank. The resolution indicated that the age of the petitioner shall be 60 years. Disciplinary proceeding were taken against the petitioner. He was suspended on 16-4-1995 by the Chairman Of the Bank. The petitioner was dismissed from service. He filed an appeal and the appeal was dismissed The petitoiner raised industrial dispute and the State Government referred the dispute to the Labour Court It was registered as Case No 24 of 1965.
(3.) During the pendency of the case before the Labour Court the petitioner and the management of the Bank entered into a compromise. A compromise application was filed before the Labour Court on 4th June, 1669 that the petitioner Shall be given fresh appointment The Labour Court gave an Award on 10th June, l969 based on the aforesaid compromise in pursuance of the compromise, the petitioner was given a fresh appointment order appointing him as a Clerk. The compromise applcation has been annexeed as Annexurc- 3 to the writ petition.;