K.M. Thaker, J.

1. Heard Mr. Munshaw, learned advocate for petitioner Corporation and Mr. Raval, learned advocate for respondent workman. In present petition, the petitioner has challenged award dated 23.03.2010 passed by learned Tribunal in Reference (IT) No. 256 of 1999 whereby learned Tribunal held that the correct date of birth of the claimant is 06.11.1942 and not 06.11.1941 as recorded in the service record of the workman. Having reached the said findings of fact, learned Tribunal directed the Corporation to treat the retirement/superannuation of the claimant effective from 30.11.2000 instead of 30.11.1999 and to pay salary, allowances and pensionary benefits accordingly.

2. So far as factual background is concerned, it has emerged from the submission by learned advocate for petitioner-Corporation that the respondent-original claimant was employed by the Corporation with effect from 04.09.1972 and at the relevant time he was working as Storekeeper-cum-Accountant.

2.1 The Corporation had recorded 06.11.1941 as the date of birth of the claimant.

2.2 By considering the said date of birth as correct date of birth, the petitioner Corporation relieved the respondent- original c