JUDGMENT :

1. We have heard learned Counsel for the appellants as well as the learned Counsel for the respondent-workman.

2. The bare facts are that the respondent-workman studied in a government school known as Rajya Samposhit Uchcha Vidyalaya, Baghmara, Dhanbad from January 1964 to August 1964 and at that time his date of birth was recorded in the school records as 06.02.1950.

3. A school leaving certificate to that effect was obtained by the appellant in 1979.

4. The workman joined the service with the appellant on 31.01.1973. At the time of joining service his date of birth was recorded in the service records as 15.02.1947. The basis of such recording is not clear.

5. Subsequently in 1986 the workman passed Mining Sardarship and was given a Mining Sardar certificate in which his date or birth was recorded as 06.02.1950, i.e. the same date of birth as recorded in the school leaving certificate.

6. In 1987 on coming to know of the wrong recording of his date of birth in his service records from the nomination form, the workman sought rectification of the date of birth in his service records.

7. The learned Single Judge has found that this rectification was not sought at the fag end of t