Heard Mr. Alok Kumar Sinha, learned counsel for the petitioner, Mr. Prem Kumar Jha, learned counsel for the respondent no.2 and Mr. Rohitabh Das, learned A.C. to Additional Advocate General No.10 for the State.

2. The present writ petition has been filed by the petitioner for setting aside the Award dated 05.02.2014 passed by the Industrial Tribunal, Patna (for short “Tribunal”) in Reference Case No. 36 of 2007, purportedly exercising power under Section 10 of the Industrial Disputes Act, 1947 (for short “the Act”) whereby and whereunder the “Tribunal” has held that the retirement of respondent no.2 Bimal Chandra Jha by the management on the basis of other records was bad and he should have been retired on the basis of Matriculation Certificate in which the date of birth has been recorded as 05.01.1951 and further he is entitled to get all consequential benefits.

3. The case of the petitioner, in short, is as under :-

(i) Way back on 06.11.1970, the respondent no.2 had filled up a Declaration and Nomination Form-2 in his own handwriting declaring his date of birth to be 05.01.1945 and in the bracket he had also given his age at that time being 25 years. This was the first de