Law:

Section:

Industrial Relations Ordinance (%RIII of 1969)-- ---S.25-A--Retirement--Date of birth--Identity card issued by employer establishment containing entry relating to date of birth--Reliance on medical examination made after retirement in preference to entry in Identity card, held, was not proper--Such retirement order was set aside by Labour Appellate Tribunal with direction that workman be deemed to have retired from date as calculated on basis of entry in Identity Card with entitlement to full back benefits. Latif Saghar for Appellant. Azmatullah Khan for Respondent. Date of hearing: 28th October, 1987. DECISION This is an appeal filed by the appellant against an impugned order, dated 5-11-1985 passed by the Sind Labour Court No.I, Karachi, who had dismissed the grievance petition of the appellant under section 25-A, I.R.O. 1969. 2. Brief facts of the case are that the appellant claimed to be. a permanent driver of the Respondent having been appointed in Sind Road Transport Corporation in 1974 and on being creation of Karachi Transport Corporation, his services were transferred to it on 1-2-1977, wherein on 8-1-1974 he was issued an Identity Card showing his date of birth as 1930. The appellant further claimed that on 14-7-1984 he was only 54 years old, his services were terminated thereby prematurely retired without giving an opportunity of explaining the circumstances as to the controversy over his age. The appellant claimed that the document i.e. the Medical Certificate on which the date of his birth was determined carried no value in the presence of an admitted document of the respondent Corporation. 3. The respondent Corporation resisted, the petition on the ground that as the appellant was taken on the strength of the Karachi Transport Corporation on 1-2-1977 on the sane terms and conditions which were applicable at that time to the Sind Road Transport Corporation and so he had attained the age of superannuation, therefore, his retirement was quite correct and legal as per Retirement Rules. Thus, the appellant was not entitled to maintain his petition, which was liable to be dismissed. 4. Both the parties filed their respective…

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