SATYA BRATA SINHA, J.

( 1 ) THIS appeal is directed against a judgment and order dated September 11, 1991 passed by a learned single Judge of this Court in C. O. No. 11358 (W) of 1991 whereby and whereunder the said learned Judge, inter alia, held that the writ application is not maintainable. The petitioner was a workman of the Eastern Coal Fields Ltd. Admittedly there existed a dispute as regards his age. The petitioner was superannuated by an order passed by the competent authority of the Eastern Coal Fields Ltd. upon attaining the age of 60 years which was disputed by the petitioner. The petitioner filed a writ application before this Court and the same was disposed of with a direction upon the respondent to refer the matter to the Apex Medical Board and it was further indicated therein that the decision of the Apex Medical Board shall be binding both upon the petitioner as well as upon the respondent. Pursuant to the said order, the petitioner was examined by the Medical Board. The decision arrived at by the Medical Board was a subject-matter of the writ application before the learned trial Judge. Before the learned trial Judge as also before us, the learned counsel appearing

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