Case Details

Citation(s)
1978 SLG 1077 1978 SLD 1077 1978 PLC 350
Labour Appellate Tribunal, Sindh
Appeal No. KAR-283 of 1977, beard on 15th August 1977.
GHULAM RASOOL SHAIKH, APPELLATE TRIBUNAL

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M. GHIASUDDIN

VS

CHAIRMAN, KARACHI PORT TRUST

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 15-A-Retirement-Notice-Limitation-Only one notice requir­ed by law to be given to official proposed to be retired on reaching age of superannuation- Reply given by employer to first notice-Alone to be considered for purpose of limitation-Appellant, held, could not count period of limitation from date of reply to his second notice. (b) Industrial Relations Ordinance (XXIII of 1969)- --- S. 25-A-Age, determination of-Appellant failing to produce any documentary proof in respect of date of his birth having been wrongly entered in his service book-Original certificate issued by City Corporation of his place of birth having not been produced, copy of such certificate, held, could not be considered as a substitute for original for purpose of evidence or proof. Abdul Aziz A. Shaikh for Appellant. Date of hearing: 15th August 1977 DECISION This appeal has been filed against the action of the respondent retiring the appellant from service on attaining the age of superannuation. 2. The appellant was in the employment of the respondent. According to the entry to the service book his birth date was shown as 15th June 1918. However, in 1972 he made an application for change of the date of birth as 15th June 1921, but he failed to produce any documentary proof and so his application was rejected. Subsequently, by letter dated 9th June, 1976 the appellant was informed that he would be retired from service on 10th June, 1976, as by that date he would be attaining the age of superannuation. On the following day dated 10th June 1976 the appellant sent a grievance notice, which was replied on 10th July 1976. The appellant again sent another notice dated 13th July 1976 and it was also replied on 16th August 1976. Since no relief was granted,…
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