R.R.K.Trivedi, J. - (1.) In this petition counter-affidavit has been filed by respondent No. 1. Learned counsel for the parties agreed that the writ petition may be decided finally at the admission stage.
(2.) Mahabir Sugar Mills, Diswa Bazar, district Mahrajganj was acquired by the State of U. P. under the provisions of the U. P. Sugar Undertakings (Acquisition) Act, 1971 and after acquisition, its control and management vested in the U. P. State Sugar Corporation (hereinafter referred to as the Corporation) with effect from 28.10.1984.
(3.) Respondent No. 1 Ambika Singh, an employee of petitioner corporation, had joined as engine driver on 6.9.1947. In the particulars of service maintained by the erstwhile Mahabir Sugar Mills, his date of birth was recorded as 22.9.1929. The name of the post and department mentioned were engine driver in season and fitter Mazdoor in off season, engineering department. Respondent No. 1 was served with a notice dated 31.8.1989 intimating that he shall attain the age of superannuation on 31.10.1989 on completing 60 years of age and he will be relieved from service with effect from 1.11.1989. He was also intimated that after being relieved from service, he may get his account cleared with regard to retiral benefits. The aforesaid notice of retirement, it appears, was served in compliance of the requirement provided in sub-clause (5) of clause LL of the Standing Orders governing the conditions of employment of workmen in Vacuum. Pan Sugar Factories of the State (hereinafter referred to as the Standing Orders). The Standing Orders were published in Official Gazette as Notification No. 5692 (H.D/36-2-110 (H.I) /77, dated 27.9.1988 under the order of the Governor under clause 3 of Article 348 of the Constitution of India. Respondent No. 1 challenged the notice of retirement before the Deputy Labour Commissioner, Gorakhpur, respondent No. 2, under sub-clause (6) of clause LL which was registered as S. O. Dispute No. 7 of 1990. The Deputy Labour Commissioner by his order dated 1.2.1993, Annexure-9 to the writ petition, accepted the claim of respondent No. 1 and directed the petitioner to correct the record by showing date of birth of respondent No. 1 as 20.4.1934 [in place of 22.9.1929). He set aside the notice of retirement dated 31.8.1939 and also directed that respondent No. 1 shall be entitled for all the benefits which he would have normally received had he been in service.;