JUDGMENT

I. P. Mukerji, J. - The appellant joined the service of the first respondent, Eastern Coalfields Ltd. (the respondent) on 14th October, 1977 as a trainee. On 21st November, 1979 he was appointed in the post on probation for six months.

2. He had secondary level school qualification having obtained it in 1978.

3. Almost 10 years after his appointment in service the respondent raised a dispute regarding the appellant's age. They did not accept the age as shown in the admit card of the West Bengal Secondary Board. By its letter dated 19th June, 1989 they communicated this to the appellant.

4. By a letter dated 25th August, 1992 they directed the appellant to appear before the Apex Medical Board at the Regional Hospital Pantanagar, Pandaveswar area on 27th August, 1992 at 9.00 A.M with his identity card, a photocopy of the service excerpt along with a duly attested passport size photograph for the purpose of determination of his date of birth.

5. The Medical Board opined that the appellant would be between the age 40 to 45 as on 27th August, 1992 and determined his date of birth as 27th February, 1950.

6. Against its decision, the appellant filed a writ application in this cour