| Citation(s) |
|---|
| 1983 SLG 1861 1983 SLD 1861 1983 PLC 965 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-60 of 1983, heard on 3rd April, 1983.
Z. A. CHANNA, APPELLATE TRIBUNAL
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Appeal No. KAR-60 of 1983, heard on 3rd April, 1983.
Z. A. CHANNA, APPELLATE TRIBUNAL
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ALI RAZA
VS
TRUSTEES OF THE PORT OF KARACHI
Law:
Section:
Industrial dispute--- ----Age-Date of birth-Recorded on basis of medical examination at time of entry in service-No representation made there against within time allowed for such representations despite knowledge thereof-Representation made when asked to avail of leave preparatory to retirement before attaining superannuation age but such representation rejected - Grievance petition seeking change of date of birth, in circumstances, held, rightly dismissed by Labour Court-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 37. Mughees Ahmed Samdani for Appellant. Syed Shujaat Ali for Respondent. Date of hearing ; 3rd April, 1983. DECISION This appeal is directed against the decision of the Fifth Labour Court, given on 20th January, 1983, dismissing the appellant's grievance petition challenging his retirement on the basis of his age as recorded' in his service book on the basis of the estimation by the Medical Officer of the respondent organization. 2. The admitted facts of this case are that the appellant was employed in the Deputy Conservator's Department of the respondent organization as a peon and subsequently as Havaldar. It appears that the appellant did not furnish any proof about his age at the time of entry of service in the K. P. T. and, accordingly, he was referred to the Medical Officer of the K. P. T. who assessed his age .as 28 years on 23rd July, 1951 when he medically examined the appellant. The appellant made no representation to the K. P. T. authorities against the said assessment of his age by the Medical Officer until 19th April, 1982, when he was informed through a letter from the Deputy Conservator that he would be attaining the age of superannuation on 1st July, 1983 and was advised to apply for leave preparatory to retirement in sufficient time before 1st July, 1982 so that he could avail full leave preparatory to retirement. It appears that on the same day the appellant made a representation to the authorities to the effect that his age has been wrongly assessed by the Medical Officer of the K. P. T. and in support of his contention he submitted his school leaving certificate from India. His representation was rejected on…
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