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Industrial Relations Ordinance (XXIII of 1969)--- ---Ss. 25-A a 38(3)--Termination of service on allegation that wrong date of birth mentioned at time of appointment and workman was actually over aged at that time--Allegation of intimating wrong date not proved-­Age if given correctly, termination would not be justified and rather it would be taken that rules regarding age may have been relaxed-Order of Labour Court dismissing grievance petition, in circumstances, set aside by Appellate Tribunal awarding re-instatement to appellant workman. Mian Mahmood Hussain for Appellant. Muhammad Yasin Qazi for Respondent. Date of hearing: 8th October, 1985. JUDGMENT The decision, dated 10-11-1984 recorded by the learned Presiding Officer, Punjab Labour Court No.3, Lahore at Ferozewala has been challenged, whereby the grievance petition of the appellant for being re-instated in service was dismissed on merits as well as on the ground that the grievance notice was time-barred. 2. The appellant was employed as tubewell operator on 6-10-1978, vide appointment order Exh. P.A. His services were terminated on 5-9-1981 on the ground that he had given his age wrongly at the time of his appointment and that he had already become overage. 3. The learned lower Court has wrongly held that the grievance notice was time-barred. The order of termination was sent in envelope Exh. R-8 but the report of refusal to accept the letter does not bear the signatures of the postman, nor any date is given under the report. Since the service of order of termination does not stand proved from a date from which grievance notice may be said to be time-barred, it cannot be said that actually it was time-barred. 4. The allegations made against the appellant were not established. The appellant denied his signatures on application Exh. R-1 and deposed that he had not produced certificate Exh. R-2. So far as Exh. R-1 is concerned, it does not contain date of birth or age. The allegation is that the appellant was overage and he gave his date of birth wrongly. Since in Exh.R-1 no date of birth is given, the document is immaterial. No doubt, in Exh. R-1 it is mentioned that the appellant was Matriculate but no…

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