JUDGMENT

S.K. Mishra, J. - Heard Shobhit Saharia, learned counsel for the petitioner and Mr. T. A. Khan, learned counsel for the respondent, assisted by Ms. Sadaf, learned counsel for the respondent.

2. It is the writ application, the petitioner has assailed the order passed by the learned Presiding Officer, Labour Court, Haldwani on 21.08.2021 upholding the order of discharge passed against the petitioner by the opposite party/Management on 05.11.2019.

3. Claim of the petitioner is that when he was taken into causal service in the year 1979, his date of birth was as 06.02.1969, but as he was underage in order to validate his employment, he gave an affidavit before the Management stating that his date of birth is 28.10.1961. Thereafter, when his service was regularised as Seasonal Worker in the Sugar Factory, his date of birth was entered as 28.10.1961 and, therefore, a decision was taken and a notice was issued for his discharge, on superannuation on 05.11.2019. Thereafter, he preferred an application before the Labour Court and the Labour Court came to the conclusion that the Transfer Certificate shows that the date of birth of the petitioner as 06.02.1969 and also this birth certif