Law:

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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. Syed Muzaffar Imam for Appellant. S.P. Lodhi for respondent. 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 and mentally fit for post of guage reader. Furthermore he is shown to be 57 years of age as per his own statement and by appearance. There was thus no determination of his age on the basis of any accepted medical examination. No doubt Dr. Zafar Ahmed in his evidence before the…

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