(1.) Present petition has been preferred mainly for the reason that the petitioner's services were terminated much earlier than the actual date of superannuation, and therefore, the following reference was filed under Section 10 for the adjudication by the Central Government Industrial Tribunal No.2, Dhanbad:--
(2.) The aforesaid reference was thus filed before the Tribunal wherein reference No. 107 of 2001 and the award was passed by the Tribunal dated 16th August. 2005 and the operative part of the award reads as under:--
(3.) Thus, instead of deciding the reference the petitioner was relegated to Apex Medical Board. The Medical Board was constituted by the respondents and the respondents have written a letter dated 23rd February, 2007, which is at Annexure-4 to the memo of petition, that the medical board has examined the petitioner and the age of the petitioner has been found within the range of 53 to 63 years as on date of superannuation i.e. 27th October, 1999. The last paragraph of the said letter reads as under:--