JUDGMENT

D.P. Mohapatra. J.-Leave granted.

2. We have heard learned counsel for the parties.

3. M/s. Bharat Coking Coal Ltd., which is a Govt. Company and a subsidiary of Coal India Ltd., was the employer of the respondent - Shri Shib Kumar Dushad (hereinafter referred to as the respondent ). The company through its General Manager, Chanch Victoria Area, Post Barakar, District Burdwan, West Bengal has filed the present appeal. The controversy raised in the case centres round the date of birth of the respondent.

4. The respondent was initially employed in Chirkunda Coal Company which was under private ownership. At the time of entry into service, the year of birth of the said respondent was entered in Form- B register maintained under the Mines Act, 1952 as 1932. On coming into force of the Coal Mines Nationalisation Act, 1973, the ownership of the coal mines in which the respondent was employed, vested absolutely in the Central Govt.; and thereafter it was transferred to the appellant, free from all encumbrances. The service of the respondent was taken over and the service records including the Form- B register relating to the respondent were handed over by the erstwhile management