ORDER

The respondent No. 1 (hereinafter referred to as the respondent) was an employee in the establishment of the appellant. He became its employee on its being taken over on June 23, 1981. The appellant notified to its employees who had become its employees, on the erstwhile company being taken over, to produce proof of their age in two notices issued on December 5, 1981 and February 11, 1982. However, the appellant did not make any claim as to what is his correct date of birth and which is in the record of the appellant is July 1, 1932 and therefore he was retired from service on June 30, 1990 on attaining the age of 50 years. The respondent thereafter raised an industrial dispute two years later before the Labour Court and he placed proof before the Labour Court to show that his date of birth is February 2, 1936 and therefore he should have been retired only on February 1, 1994. The Labour Court recorded a finding that the date of birth of the respondent is February 2, 1936. This finding of fact has been affirmed by the learned single Judge and by the Division Bench of the High Court as well. It is against this order that this appeal has been filed by special leave.

2. The fact t