(JUDGEMENT) :

. This Petition challenges an award passed by the Central Government Industrial Tribunal No.II (CGIT) at Mumbai, allowing the first Respondent's reference. The subject matter of controversy in the reference concerns the first Respondent's age. According to the recorded date of birth available with the Petitioner, which was 17.02.1942, he was superannuated with effect from 01.04.2000. (The retirement age being 58 years, the first Respondent would have completed the age of 58 years on 17.02.2000). According to the first Respondent, he was born on 17 February 1952. A few years before his superannuation, the first Respondent, accordingly, sought a correction of his date of birth in the records of the Petitioner. After his superannuation, the first Respondent sought a reference from the Central Government raising a dispute about the Petitioner's refusal to correct his date of birth. The impugned order accepts first Respondent's case that his date of birth was 17.02.1952 and directs the Petitioner to treat him as an “employee” till he attains the age of superannuation in the year 2012 on that basis.

2 The Petitioners are the Board of Trustees of the Port of Mumbai. Since 1 Ap