Shishir Kumar, J. - (1.) HEARD learned Counsel for petitioner and learned Counsel for respondents. The present writ petition has been filed for quashing the award dated 13.4.1998 published on 16.11.1998.
(2.) THE facts arising out of present writ petition are that petitioner's mill was nationalised and become a unit of National Textiles Corporation (U.P.) Limited, Kanpur but due to labour problem, it has been closed on 21st September, 1991. In spite of best efforts made by Central Government and financial assistance, petitioner's mill could not properly function and declared sick by the Board of Industrial and Financial Reconstruction. One Susheel Kumar who joined the mill on 29.8.1958, raised a dispute regarding his date of birth. It was alleged that his date of birth has wrongly been recorded as 1939 as his correct date of birth is 15.8.1941, therefore, he will attain the age of 58 years in the year 1999. The aforesaid dispute was referred to State Government under Section 4K of U.P. Industrial Disputes Act and it was registered as Case No. 145 of 1997. A written statement was submitted by respondent No. 2 stating therein that correct date of birth is 15.8.1941 and petitioner has wrongly recorded his date of birth as 1939, therefore, superannuation notice dated 30.11.1996 is bad. A written statement was also filed on behalf of petitioner stating therein that according to service record of respondent No. 2, date of birth is 1939 and on attaining the age of superannuation, he has rightly been superannuated with effect from 1.1.1997 and therefore, there was no illegality in the notice of retirement. It was further stated that though workman concerned has joined service on 29.8.1958 and submitted a bio -data filled and signed by him in which he has mentioned the date of birth as 1939, thus, at the fag end of retirement, he cannot raised this dispute regarding date of birth but Labour Court has given an award in favour of respondent - workman directing that his date of birth may be treated as 1941 and as such, he will retire from service in the year 1999.
(3.) AGGRIEVED by aforesaid order, petitioner has filed present writ petition.;