Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- --S. 25-A(5)-Army Discharge Certificate-Reliance on-In deciding employee's grievance petition under S. 25-A, trial Judge relying upon medical report whereby age of employee (by appearance) calculated more than sixty years-According to Discharge Certificate from Army employee's age about 55 years-Held, medical re­ port should not have been relied. upon in presence of discharge certificate as medical opinion about age only approximate and sue kind of evidence can only be resorted to when no other better evidence available. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 2 (xxviii)-.Worker and workman, construction of--Trial Judge observing retired person not covered by definition of work­man as contained in S. 2 (xxviii) and thus could not lodge petition under S. 25-A-Held, retired employee covered by definition of workman and his application under S. 25-A maintainable. Pakistan Railways v. Junior Labour Court No. Y 1979 P L C 320 distinguished. National Bank of Pakistan v. Muhammad Haleem Chohan 1978 P L C 369 rel. Appellant in person. JUDGMENTT This appeal.. arises from the decision dated 12th May, 1979 passed by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad whereby the grievance petition of the appellant for his reinstatement in service was dismissed. 3. The appellant was retired with effect from 7th April, 1979 and he challenged the order on the ground that according to his discharge certi­ficate from the Army, he had not yet attained the age of sixty years. His discharge certificate from the Army is Exh. P-1, in which his age is given as 18 years at the time of joining the Army service. The date of enrolment is 7th November, 1942 meaning that he was born, according to this certificate on 7th November, 1924. The respondent relied upon medical report Exh. R-1 dated 11th July. 1953. In this certificate the age by appearance is given as about 27 years, meaning that he was born on 11th July, 1916. Exh. R-1 was wrongly relied upon by the learned trial Judge, because the medical opinion about age is only approximate and this kind of evidence may be resorted to when there is…

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