Amareshwar Sahay, J.

1. The respondent No. 3, Brij Nath Tiwary (Hereinafter referred to as the "concerned workman") was appointed on 21.9.1953, as temporary Darwan by the writ petitioner, M/s. Indian Oxygen Company Limited (Hereinafter referred to as the "Company"), The concerned workman was made permanent on 1.3.1955 and in the Staff Form containing the details of the employment of the concerned workman kept with the company disclosed the date of birth of the concerned workman to be January 1938 and accordingly the concerned workman was made to retire from his service 1.2.1990, after attaining the age of 60 years.

2. The concerned workman through his union raised Industrial Disputes regarding recording of his date of birth by the Company, According to the concerned workman, his date of birth was 4.1.1941, and therefore, his retirement/superannuation from service by the Company on 1.2.1990 before completing the age of 60 years was not justified.

3. The Government of Bihar referred the disputes to the Labour Court, Jamshedpur with the following reference :

"What is the date of birth of Shri Brij Nath Tiwary T. No. JM/161, workman of M/s. Indian Oxygen Ltd. Jamshedpur and whether