JUDGMENT

S.N. Variava, J.-This Appeal is against the Order dated 24th June, 1998. Briefly stated the facts are as follows:

On 4th of February, 1952, the 1st Respondent joined the services of M/s. Brooke Bond Lipton India Limited (which is now amalgamated with the Appellant) as a Salesman. In the application submitted by him the 1st Respondent showed his date of birth as 12th of June, 1927 and his age to be 25 years. The Manager of M/s. Brooke Bond Lipton India Lid. issued a certificate dated 19th February, 1952 certifying that he had examined the Matriculation Certificate and that the date of birth was 12th of June, 1927. The Manager also certified that the age of the 1st Respondent, at that time, was 24 years 8 months.

2. The 1st Respondent has worked with M/s. Brooke Bond Lipton India Ltd. till his retirement. His service record, at all times, showed the date of birth as 12th of June, 1927. The Provident Fund Booklet showed his date of birth as 12th of June, 1927. The Annual Reports, published by the Company under Section 217 of the Company Act, showed his date of birth as 12th of June, 1927.

3 Apart from the above on 16th of November, 1981 there was a settlement between the manag