K.M. Thaker, J.

1. Heard Ms. Megha Chitaliya, learned advocate for the petitioners-State and Mr. Joshi, learned advocate for the respondent.

2. In this petition, the petitioner-State has challenged award dated 07.05.2007, passed by the learned Labour Court, Rajkot, in Reference (L.C.R.) No. 454/93, whereby the learned Labour Court directed the petitioner-State to reinstate the respondent with 25% of backwages and with continuity of service.

3. After hearing the petitioner, the Court admitted the petition and by way of interim relief stayed the implementation and operation of the impugned award and directions vide order dated 06.05.2008.

4. Before proceeding further, it is relevant and appropriate to mention that at the time when the petition was heard and came to be admitted vide order dated 06.05.2008, it was submitted and declared by the petitioner-State that according to record of office of the concerned Department (under which the petitioner was engaged on temporary and daily wage basis) the birth date of the petitioner is 06.09.1946.

4.1 Meaning thereby, the respondent had reached to the age of superannuation in September, 2004 and at that time, reference was pending befo