Ashutosh Kumar, J.—Heard Mr. Lallan Kumar, the learned Advocate for the appellant and Mr. Alok Kumar Sinha, the learned counsel for the respondent 2nd set/Shree Baidyanath Ayurved Bhawan Private Ltd.

2. Mr. Rohitab Das, the learned counsel for the State is also present.

3. The judgment under challenge is dated 02.08.2017, passed in C.W.J.C. No. 8999 of 2014, whereby the Award dated 05.02.2014, passed by the Industrial Tribunal, Patna in Reference Case No. 36 of 2007, in favour of the appellant, has been set-aside.

4. The respondent 2nd set/Shree Baidyanath Ayurved Bhawan Private Ltd. had challenged the Award dated 05.02.2014, referred to above, on various grounds, the primary one being that the Reference in itself was bad as it was not an industrial dispute, but an individual dispute regarding the retirement age of the appellant herein.

5. Apart from that, it was urged on behalf of the respondent 2nd set before the writ Court that the issue of change in the date of birth was raked up after about 34 years and immediately before the date of superannuation of the appellant. It was contended that the appellant could not have been treated as a workman under the Industrial Disputes Act, 1947