Case Details

Citation(s)
2011 SLG 1592 2011 SLD 1592 2011 PLC 176
National Industrial Relations Commission
No.4A(125)/2010-K/24(144)/2010-K, decision dated: 26-11-2010.
BASHIR AHMED MEMON, MEMBER

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SARBULAND KHAN

VS

TRUSTEES OF PORT OF KARACHI through Chairman and another SARBULAND KHAN vs TRUSTEES OF PORT OF KARACHI through Chairman and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 22-A(8)(g)---Unfair labour practice. by the employers---Retirement of employee on wrongly recorded date of birth---Petitioner/employee had alleged that due to his affiliation with trade union, Management was against him and was trying to victimize him on one or the other pretext---Petitioner had further alleged that Management had served him with notice of retirement on attaining age of superannuation on his wrongly recorded date of birth, which was act of unfair labour practice---Management had asserted that at the time of joining the service, the birth date of the petitioner was recorded as 8-7-1950 and that he was certified to be retired on 8-7-2010 on attaining the age of superannuation---Petitioner, who claimed that his date of birth was 13-8-1957, had not submitted any document in proof of his claim---Even after achieving academic qualification petitioner had never produced any document to that effect during his entire period of service; and it was only after service of retirement notice he woke up from deep slumber and claimed that his date of birth was 13-8-1957 and not 8-7-1950---Date of birth once recorded at the time of joining of service was to remain final; and thereafter no change in date of birth was permitted---Petition under S.28-A(8)(g) of Industrial Relations Ordinance, 1969, stood dismissed, in circumstances. 2007 SCMR 66 ref. Abdul Ghaffar for Petitioner. Ch. Shaukat Ali for Respondents. ORDER BASHIR AHMED MEMON (MEMBER).--- The petitioner has brought this petition under section 22-A(8)(g) of Industrial Relations Ordinance, 1969 claiming that he is workman under the provisions of Labour Laws working with respondent management since 1979 having his record very neat and clean regarding his duties. The petitioner is member of KPT Labour Union and is performing effective and constructive role in healthy and lawful activities in support of KPT Labour Union. It is alleged by the petitioner that due to his affiliation with the trade union the management is against him and is trying to pressurize and victimize him due to his trade union activities on one or the other pretext so much so the…
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