Law:

Section:

(a) Industrial dispute---- ----Date of birth-Birth entry recorded at time of birth-Has greater evidentiary value in preference to medical certificate based on general appearance. (b) Industrial dispute---- ----Date of birth-Entry in service record mentioned at time of joining service More reliable and has preference over school leaving certificate. Ch. Altaf Hussain with Hamid-ud-Din Qureshi for Appellant. Nazir Ahmad Naz for Respondents. Date of hearing : 19th March, 1983. JUDGMENT As the point with regard to the age of superannuation is common in all the three appeals captioned above, they are being disposed of together through this single judgment, in which Allah Bakhsh will be des­cribed as respondent No. 1, Islam-ud-Din as respondent No. 2, and Noor Muhammad as respondent No. 3. 2. All the three respondents were retired at the age of 55 years and they challenged the orders before Punjab Labour Court No. 9, Multan in separate grievance petitions which were accepted vide orders dated 20th December, 1981 and 28th February, 1982, respectively. All the respondents claimed that the age of superannuation was 60 years, whereas the contention of the appellant was that in the 87th meeting of the Board the age was fixed as 55 years. Respondent No. 1 also challenged the date of birth mentioned in service record as January, 1924. He contended that his date of birth was 9th February, 1927. The learned lower Court, relying upon the copy of birth entry Exh. P-6, has decided that the correct date of birth is 9th February, 1927. The finding is correct. Where birth entry is available and it has been found to be correct, no other kind of evidence about the age is acceptable. The birth was entered in the reg1ster on 22nd July, 1927 only after 22 days of the and not when dispute about age arose. So, Exh. P-6 has great evidentiary value in preference to the medical certificate which is based on general appearance. So, I uphold the finding that the date of birth of respondent No. 1 is 9th February, 1927. 3. Respondent No. 3 also disputed his date of birth and relied upon school leaving certificate Exh. P-2. The learned lower Court did not rely upon this document, nor upon Exh.…

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