Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A-Scope-Retirement on attaining superannuate age---- Age disputed-Entry in personal data and certificate of Medical Board satisfactorily establishing petitioner to have attained super­annuation age-Certificate from Hospital issued fur purpose of obtaining Identity Card indicating less age, in circumstances, held, not of much reliance-Held: Since it was proved on record that, petitioner had been retired on attaining superannuation age, he was no longer a workman hence not competent to file grievance- petition-Petition dismissed. 1980 L L C 393 and 1980 P L C 514 rel. Ch. Muhammad Ikram for Petitioner. Khalid Mahmood Pasha for Respondent. JUDGMENT Taj Din (hereinafter called the petitioner) joined the services of the Pioneer Steel Mills Limited (hereinafter called the respondent) in 1974. He came to know, that the respondent wanted to terminate his services on the ground of superannuation. The petitioner, therefore, made an application on 20th October, 1979 (Exh. R. E.) that his age was not 60 years as written by the time office, therefore, the record relating to his age may be corrected. Medical certificate issued by the Medical Superintend­ent Services Hospital, Lahore was annexed alongwith this application in which the age of the petitioner was given as 52/53 years - in 1979-8G. The respondent referred the petitioner to the Medical Board cons1sting of Medical Superintendent D1strict Head Quarter Hospital, Sheikhupura and Dr. Hamid Hussain, Chief Medical Inspector of Factories for determination of his age vide letter Exh. R. C. The Medical Board ex­amined the petitioner and reported his age to be 58/59 years on 5th of November, 1979 vide its certificate Exh. R. D. The petitioner made an application under section 25-A of the Industrial Relations Ordinance on 4th November, 1981 restraining the respondent from terminating the service of the petitioner and for correction of his age. An interim injunction was also prayed for and my learned predecessor issued an interim injunction on 4th November, 1981. The petitioner however, was retired on 3rd November, 1981, a day before the issuance of the stay order.…

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