Law: Industrial Relations Act, 2012

Section: 33

Law: National Industrial Relations Commission (Procedure and Functions) Regulations, 1973

Section: 32(2)(c)

Industrial Relations Act (X of 2012)------S. 33---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. 32(2)(c)---Petition for correction of entry of date of birth by employee---Employee, after 32 years of service in the Bank, came to know regarding wrong entry of his date of birth in his Service Book, which according to the employee in view of his school certificate was 28-8-1956 which was wrongly entered as 28-9-1953---After correction of date of birth in CNIC, on application of employee, Bank corrected date of birth of the employee in Bank record/Service Book as 28-8-1956 instead of 28-9-1953---After about two years, employee again came to know that his actual date of birth was 28-9-1960, and school authorities had wrongly entered the same as 28-8-1956 in school record---Employee filed suit for declaration and mandatory injunction against 'NADRA' and its authorities, without impleading employer Bank for correction of his date of birth in CNIC as 28-8-1960 which suit was decreed and date of birth of the employee -+was corrected as 28-8-1960 as prayed for by the employee---Employer Bank refused to correct the date of birth of the employee and he was directed to be relieved from duty on pre-superannuation leave on account of date of birth i.e. 28-8-1956---Employer Bank was not bound to comply with the decree passed by the civil court, as same was obtained behind the back of Bank without impleading it in the said suit as party---Bank had already redressed grievance of the employee regarding correction of his date of birth---Employee under the law, could not be allowed to repeat same action time and again only for his benefit by overlooking all the rules and regulations of the Bank---Employee, could not be allowed to approach Bank for the same purpose by adopting different tactics. 2014 SCMR 1008; 2011 PLC 176 and 2011 PLC 191 ref. THIS ORDER PASSED BY: MUHAMMAD AKBAR SANI, MEMBER:---------- By this order I intend to dispose of the above titled petition filed by the petitioner against the respondents through Mr.Abdul Zahir Kakar, Advocate under section 33 of Industrial Relations Act, 2012 along with an application under…

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