( 1 ) THIS petition has been filed by the Employer for quashing of the award dated January 29, 1993 given in Adjudication Case No. 174/1989 of Labour Court (III) Kanpur. Lal Mohammad, the workman concerned died on November 3, 1991 during the pendency of the adjudication proceedings before the Labour Court, but no one was substituted in his place. His son Mohd. Farooq, however, filed a caveat in the writ petition and also a counter affidavit, though no application was formally moved by him for being impleaded as a party. I have heard learned counsel for the petitioner as well as for Mohd. Farooq and with their consent the writ petition is being disposed of finally at the admission stage.

( 2 ) THE workman, Lal Mohammad was employed in the Cooper Alien Branch of the British India corporation Ltd. on August 29, 1961 and in the Service Card his year of birth was noted as 1928. The age of retirement of the workman in the petitioners establishment is Sixty years. The workman gave an application on November 9, 1987 for correction of his date of birth. In accordance with the provisions of an earlier settlement, a Medical Board was constituted for determining the age of the