Law:

Section:

Balochistan Industrial Relations Act (XIII of 2010)--- ----Ss. 41 & 55---Tampering of date of birth of employee in the service book---Grievance application for rectifying date of birth in service record---Date of birth of the employee was determined by the employers as 25-1-1956, whereas the employee claimed that his date of birth was 25-12-1960, and he filed application for rectifying his date of birth in service record---Labour Court, vide its allowed application of the employee, with direction to the employers to correct the date of birth of the employee as 25-12-1960 as claimed by him, instead of 25-1-1956---Original service book showed that in the column of date of birth of the employee, over-writing had been done in words and figures---Certain forms attached with service book, also showed that date of birth of the employee, was tampered with---Inquiry Committee had specifically admitted that overwriting was found in the record, but the Committee failed to fix responsibility of the persons under whose safe custody such glaring illegality and irregularity had taken place---Contention of counsel of the employers, was that date of birth of an employee, once recorded in the service book could not be changed after prescribed period of two years from the date of appointment---Validity---Alleged overwriting and tampering had been proved on examination of the original record, service book and annexed original group insurance forms---Matriculation certificate and CNIC of the employee had supported case of the employee---For gross negligence and illegalities of the employers, employee could not be penalized---No specific ground having been taken by the employers, contention of the employers was rejected---Service Book of the employee was in the custody of the employers, and beyond the access of the employee---Labour Court after proper appreciation and examination of record had rightly decided issue with regard to tampering of the date of birth of the employee in his Service Book in favour of employee and against the employers---In absence of any material illegality or irregularity in the impugned of the Labour Court for interference by Labour Appellate Tribunal,…

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