JUDGMENT

VARADARAJAN, J.:—This appeal by special leave is directed against the award of the Labour Court, Kanpur in Adjudication Case No. 8 of 1980 holding that the retirement of the second respondent Jag Dutt from 31-3-1979 is unjustifiable and directing his reinstatement with back wages with a right to work so long as he is physically fit.

2. The second respondent entered service as a cooly on 11-4-1945 under the then Kanpur Electricity Supply Corporation Limited. No date of birth was mentioned in his service card and there was no age of retirement for employees in that concern. That establishment was nationalised on 15-9-1947 and thereafter it became a department of the Government of Uttar Pradesh. The new management Kanpur Electricity Supply Administration filled up the second respondents age as 20 years 9 months without asking him for any certificate regarding his date of birth. His date of birth is 24-6-1924 and an entry about his date of birth has been made in the Police Station, Chawani, Basti at the instance of the Choukidar of that village. The new management got its standing orders certified without making any provision for age of retirement. The State Government made it