Law:

Section:

Industrial Relations Ordinance (XCI of 2002)--- --------S. 46---Age of employee---Determination of date of birth and age of the employee---Grievance application---Employee, claimed his date of birth as 27-12-1949, whereas the employer, treated such date as 27-12-1944---Employee had produced number of documents on such account; and employer had not successfully rebutted---Employee had not been referred to any independent Medical Board for determination of his actual date of birth---Employer had treated age of employee on surmises and conjectures---Employee had constantly, actively and diligently pursued his case by challenging the age/date of retirement---Labour Court, had relied upon Circular having no overriding effect upon the right of employee guaranteed and secured---Order of Labour Court, was set aside and appeal was allowed, holding that employee was entitled for all the benefits of the service till his claim of date of superannuation when he was illegally retired---Employer was directed to implement the decision of the Tribunal within thirty days, in circumstances. PLD SC 602; SBLR 2008 SC 40; PLD 1972 SC 25; Nasreen Rasheed v. P.C. Hotel Appeal No.1247 of 2010; Abdul Hafeez and Hajat Khan v. Pakistan Steel Mills Appeals Nos.KAR-41 and 42/2013; Appeals Nos.KAR-13 of 2013 to 17 of 2013; 197 PLD 1972 SC 25; 1980 PLC 1025; 1989 PLC 810; 1990 PLC 63 and 429; Muhammed Sadiq v. Pakistan Steel, 2008 SCMR 1535; 2009 PLC (C.S.) 302 and S.B.L.R. 2007 Sindh 1702(sic) ref. DECISION BY: ALI MUHAMMAD BALOCH, MEMBER:----------------- This appeal has been preferred by the appellant named above under Section 54 (3) of the Industrial Relations (Revival and Amendment) Act, 2010 against the order dated 10.3.2012 passed in grievance application No.48/2008 under Section 46 of I.R.O. 2002 by the learned Presiding Officer, Sindh Labour Court No.IV, Karachi. The case of the appellant as narrated is that he was appointed by the respondent No.1 on 27.01.2976 as Welder in the Hard Strip Mills Section where he performed his duties to the entire satisfaction of his superiors during the tenure of his employment. He has also asserted that he was engaged/employed on the basis of his…

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