JUDGMENT :

S.N. Prasad, J.

The award dated 30.7.2007 passed in Industrial Dispute Case No.99 of 1997 is under challenged in this writ petition.

2. The dispute revolves regarding the date of birth of the workman and on account of discrepancy in the date of birth when he has been superannuated vide management letter dated 8.3.1994 w.e.f. 28.2.1994, the dispute has been raised by him and on the basis of the dispute, conciliation having been failed, Reference has been made for its adjudication by the Industrial Tribunal. The appropriate Government has made the following reference:-

“Whether the action of the management of Balangi Ores Mines, Raw Material Division, SAIL, P.O. Bolangir, Dist. Keonjhar in superannuating Sri Manoranjan Mohanty vide management’s letter dated 8.3.94 w.e.f. 28.2.1994 was justified? If not, what relief the workman is entitled to?”

3. The fact leading to this case is that date of birth of the workman has been recorded in Form-B register as 17.5.1937 but in the identity card issued by the management date of birth was mentioned as 17.5.1938 and in order to avoid discrepancy the workman had made representation on 15.3.1994 to the management when the management superann