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Industrial dispute---- -----Date of birth-Best evidence-Birth certificate and school leaving certificate-Retirement on superannuation age made on basis of age mentioned in bio-data signed and given by employee at time of appointment-Employee in a bid to show his retirement as pre­mature going on shifting his date of birth from time to time­ Failing to produce his Army discharge certificate and birth certificate or school leaving certificate-Presumption, in circum­stances, held, would arise that those would not be favourable to employee-Grievance petition challenging retirement as premature, in circumstances, held, rightly rejected by Labour Court-Industrial Relations Ordinance (XXIII of 1959), Ss 25-A & 38 (3). S. M. Koh1stani for Appellant. Ghulam Hussain for Respondent. Date of hearing : 26th February, 1984. ORDER The facts leading up to this appeal are that the appellant Azizur Rehman after retirement from the Army was employed with the respon­dent Karachi Transport Corporation as a Security Guard since 12th April, 1968. On 8th December, 1982, be was made to retire from the service of the respondent Corporation by an order, dated 7th December, 1982. According to him he had not yet attained 60 years the age of superanua­tion and, therefore, his order of termination by way of retirement was illegal. He served a grievance notice on the respondent and his grievance having not been redressed, be filed the grievance application before the learned Labour Court No. IV at Karachi: The learned Labour Court dismissed his application. Aggrieved by the impugned order he has come in this appeal. 2. I have perused the material evidence on the record adduced by both the parties and have also heard the learned representatives, Mr. S. M. Koh1stani for the appellant Mr. Ghulam Hussain for the respondent. It is an admitted position that the age of retirement in the service of the respondent was 60 years. It has been contended by the appellant that he was made to retire at the age of 52 years. The burden lay on him to prove his assertion that he was prematurely retired. He has admitted in his cross-examination that at the time he sought employment with the respondent he had…

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