ORDER

Leave granted.

Heard learned counsel for the parties.

2. The appellant has challenged the order of the High Court which has dismissed the Letters Patent Appeal though holding the questioned appointment of 11 persons were medically examined and were found to be under age in the year 1973 the year of their appointment. In spite of this it further held, underage disability now vanishes. We do not find such a finding could be sustainable in the eyes of law. Once this is found, they were under age in the year 1973, their regularisation based on such appointment cannot be upheld, specially when there is specific provision, no person can work in the mines who is underage. If this be so there is no justification for upholding the order as their age now is 30 years. The question is not of their employment on compassionate ground after attaining the requisitive age. The right which is claimed is the right from the date of initial appointment, in 1973. In fact, during the period 1973-1975 it is not in dispute they worked only for 75 days, since thereafter they are not working.

3. Hence for the aforesaid reasons we find the present appeal has merit and the High Court order cannot be sustained, accordingly, it is allowed. The impugned order are set aside. Costs on the parties.

Appeal allowed.

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