(1.) Heard Sri K.G. Srivastava, learned counsel for the petitioner and none appears on behalf of respondent No. 2 Jai Singh.
(2.) In this petition the award dated 15.2.1984 enclosed as Annexure-8 has been challenged whereby the respondent No. 2 Jai Singh was allowed to work upto 17.8.1983 and was allowed to receive salary from 1.12.1981 to 17.8.1983.
(3.) It appears that Sri Raghunath the respondent No. 2 was appointed as a class-IV employee and in one of his service book his date of birth was entered as 18.1.1919 and in another one the date of birth was interpolated and was written as 18.1.1923. On the basis of physical examination of respondent report of dated 18.8.1979 by C.M.O. the estimated age of Sri Raghunath was assessed about 55 years, however treating the date of birth as 18.1.1919, the respondent was to retire on 18.1.1979 after completing 60 years of age. However, at the fag-end of career the respondent Raghunath submitted an application for correction of date of birth and on the basis of limited estimated age the Presiding Officer of Labour Court, Allahabad, has directed in the award in question to take the date of birth of Sri Raghunath as 18.1.1923 and to retire the petitioner on 17.8.1983 in place of 18.1.1979 and to give salary etc. from 1.12.1981 to 17.8.1983 under bona fide impression the petitioner was not retired on 17.1.1983 and was allowed to retire on 17.1.1979 and by virtue of acknowledging the date of birth as entered in the service book the respondent No. 2 was allowed to be given salary upto 17.8.1983. It is pertinent to note that the respondent No. 2 Raghunath has not worked from 17.1.1979 to 17.8.1983.