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 that is properly recorded in the records of management or not."

Another dispute was referred by Notification dated 12.3.1991, with the following terms of reference :

"Whether the termination of services of Shri Brij Nath Tiwary is justified? if not, whether he is entitled to reinstatement and/or any other relief?"

4. The references were registered as Reference Case No. 13 of 1990 and Reference Case No. 8 of 1991. Both the reference cases were decided by the impugned award by the labour Court, Jamshedpur, holding that the date of birth of the concerned workman was 4.1.1941, as it was not properly recorded by the Company, in its record and further that the termination/ superannuation of the concerned workman was improper and unjustified and ultimately it was held that the concerned workman was entitled to be reinstated with all back wages and other benefits including continuity of service. The above award of the Labour Court, Jamshedpur dated 29.7.1995 has been challenged by the company in the present writ application.

5. The case of the management/company is that the concerned workman was appointed, as Darwan, on temporary basis on 21.9.1953, and he was made permanent on 1.3.1995. The concerned workman put his signature in the staff form which was prepared on the information furnished by him. The date of birth of the concerned workman as stated by him was recorded in the said Staff Form as well as in the nomination form of the Employees Provident Fund Scheme as January 1930 on his such declaration. He was also issued companys Identity Card, in which the date of birth of the concerned workman was recorded as January, 1930 and the concerned workman also put his signature on the said identity card. On the basis of the aforesaid fact the company asserted that the date of birth of the concerned workman was January, 1930 as per his own statement and declaration and therefore, he was rightly superannuated on 1.2.1990, after attaining the age of 60 years. The company further asserted that for the first time in the year 1988 i.e. at the fag end of his service the concerned workman raised the question of wrong recording his date of birth by the company in its record and he produced school leaving certificate issued by the Head Master of V.M.H. School Siwan in the district of Saran in the year 1977. It is submitted by the petitioner that apparently the said school leaving certificate appears to be a manufactured document as in the said certificate was mentioned that the concerned workman was admitted in the school in the year 1953 and he let the school in question in the year 1977. The date of birth of the concerned workman in the said school leaving certificate was 4.1.1941.

6. According to the company, the concerned workman was continuously working in the company