| Citation(s) |
|---|
| 1981 SLG 3105 = 1981 SLD 3105 = 1981 PLC 798 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-521 of 1980, heard on 7th August, 1980.
Presented By: Z. A. Channa, Appellate Tribunal
Syed Muzaffar Imam for Appellant. S.P. Lodhi for respondent.
Appeal No. KAR-521 of 1980, heard on 7th August, 1980.
Presented By: Z. A. Channa, Appellate Tribunal
Syed Muzaffar Imam for Appellant. S.P. Lodhi for respondent.
KARACHI DEVELOPMENT AUTHORITY, KARACHI
VERSUS
NASRULLAH KHAN
Law:
Section:
Industrial dispute Date of birth-Entry made in beginning of service-Change -Not to be accepted without definite evidence-Mere certificate of age by Doctor not sufficient to disregard such entry-Employee of K.D.A. claiming his retirement as premature on basis of medical certificate indicating his age as 57 years---Date of birth recorded 32 years ago indicating his age as 60 years-Medical Certificate, in circumstances, held, not sufficient and much more definite evidence would be required to show that he was younger than recorded age-Karachi Development -Authority (Employees Service) Regulations, 1973. Date of hearing: 7th August, 1980. DECISION The respondent, who was ordered to be retired from the service of the K.D.A., the appellant herein, with effect from 5th June, 1979, on the ground of his having attained the age of superannuation challenged the orders of his retirement before the learned Labour Court by way of a grievance petition under section 25-A, I.R.O. The learned Labour Court allowed his grievance petition and held the orders of the retirement as invalid on the grounds, firstly, that the age of retirement in the K. D. A. was sixty years while the respondent is only 57 years of age according to the certificate issued by Dr. Zafar Ahmed Siddiqui, the K. D. A.'s Senior Medical Officer and, secondly, the original date of birth of the respondent has not been determined in accordance with the K.D.A. (Employees Service) Regulation, 1973, particularly Regulation 18. 2. I have heard Mr. Muzaffar Imam, the learned counsel for the K.D.A., and Mr. S.P. Lodhi, who appeared for the respondent workman. In my view both the grounds on which the learned Labour Court has allowed the respondent's grievance petition cannot be sustained. According to the certificate issued by Dr. Zafar Ahmed Siddiqui, the respondent was physically…