( 1 ) HEARD counsel for the parties and perused the record.

( 2 ) PETITIONER, the erstwhile Vishnu Pratap Sugar Works Pvt. Limited (hereinafter called as the secretary) carries on the business of manufacturing crystal sugar by vacuum pan process, situated at Khadda, district Deoria, After the acquisition of the Mill by U. P. State Sugar corporation (hereinafter called as the Corporation), it became its unit and respondent No. 1 became employee of the Corporation. In the service records of the Sugar Factory, the date of birth of respondent No. 1 was 7. 4. 1926, Accordingly, he was to attain the age of superannuation at the age of 60 years on 7. 4. 1986.

( 3 ) BEFORE his superannuation, respondent No. 1 was given a notice dated 19/27. 9. 1986 under clause LL (4) of the standing orders informing him that he would retire from service on 31. 10. 1986. A representation was made by the respondent workman to the Labour commissioner, U. P. Kanpur, challenging the retirement notice given by the General Manager of. I the Corporation. The Labour Commissioner vide order dated 15. 9. 1987, forwarded the representation to the Deputy Labour Commissioner, Gorakhpur, for decision w