However, the appellant did number make any claim as to what is his companyrect date of birth and which is in the record of the appellant is 1 7 1932 and, therefore, he was retired from service on 30 6 1990 on attaining the age of 50 years.
The respondent thereafter raised an industrial dispute two years later before the Labour Court and he placed proof before the Labour Court to show that his date of birth is 2 2 1936 and, therefore, he should have been retired only on 1 2 1994.
The appellant numberified to its employees who had become its employees, on the erstwhile companypany being taken over, to produce proof of their age in two numberices issued on 5 12 1981 and 11 2 1982.
He became its employee on its being taken over on 23 6 1981.
1 hereinafter referred to as the respondent was an employee in the establishment of the appellant.
This finding of fact has been affirmed by the learned single Judge and by the Division Bench of the High Court as well.
It is against this order that this appeal has been filed by special leave.
The respondent No.
