AMARESHWAR SAHAY, J. - (1.) THE respondent No. 3, Brij Nath Tiwary (Hereinafter referred to as the "concerned workman") was appointed on 21.9.1953, as temporary Darwan by the writ petitioner, M/s. Indian Oxygen Company Limited (Hereinafter referred to as the "Company"), The concerned workman was made permanent on 1.3.1955 and in the Staff Form containing the details of the employment of the concerned workman kept with the company disclosed the date of birth of the concerned workman to be January 1938 and accordingly the concerned workman was made to retire from his service 1.2.1990, after attaining the age of 60 years.
(2.) THE concerned workman through his union raised Industrial Disputes regarding recording of his date of birth by the Company, According to the concerned workman, his date of birth was 4.1.1941, and therefore, his retirement/superannuation from service by the Company on 1.2.1990 before completing the age of 60 years was not justified. The Government of Bihar referred the disputes to the Labour Court, Jamshedpur with the following reference : "What is the date of birth of Shri Brij Nath Tiwary T. No. JM/161, workman of M/s. Indian Oxygen Ltd. Jamshedpur and whether that is properly recorded in the records of management or not." Another dispute was referred by Notification dated 12.3.1991, with the following terms of reference : "Whether the termination of services of Shri Brij Nath Tiwary is justified? if not, whether he is entitled to reinstatement and/or any other relief -
(3.) THE references were registered as Reference Case No. 13 of 1990 and Reference Case No. 8 of 1991. Both the reference cases were decided by the impugned award by the labour Court, Jamshedpur, holding that the date of birth of the concerned workman was 4.1.1941, as it was not properly recorded by the Company, in its record and further that the termination/ superannuation of the concerned workman was improper and unjustified and ultimately it was held that the concerned workman was entitled to be reinstated with all back wages and other benefits including continuity of service. The above award of the Labour Court, Jamshedpur dated 29.7.1995 has been challenged by the company in the present writ application.;