JUDGMENT

V.Gopala Gowda, J. –

Leave granted.

2. This appeal is filed by the appellant against the final judgment and order dated 19.04.2011, passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No. 4168 of 2002, whereby the High Court allowed the petition filed by the respondent under Articles 226 and 227 of the Constitution of India, praying for issuance of an appropriate writ or direction for quashing and setting aside the judgment and award dated 31.7.2001 passed by the Labour Court, Bhavnagar in Reference(LCB) No.225 of 1998.

3. Brief facts of the case are stated hereunder:

The appellant was the employee of the erstwhile Bhavnagar Electricity Company Ltd. which was taken over by the respondent – board and the appellant was appointed afresh as per the agreement in 1978. The appellant gave an application in the year 1987 to change his birth date from 27.6.1937 to 27.6.1940 but he was orally informed of the rejection of his request. The Executive Engineer of the respondent – board addressed a letter to the appellant directing him to produce a school leaving certificate or Municipal Birth certificate as proof and stated that in the absence of production of the