Law:

Section:

(a) Industrial dispute-- ---Age--Date of birth--Proof of--Entry in identity card--No conclusive proof--Best evidence was parent certificate or school certificate and in absence of such evidence date of entry in job initially joined--Medical certificate also simply an opinion carrying margin of fluctuations. (b) Road Transport Corporation Workers Rules, 1965-- ---R.19--Industrial Relations Ordinance (XXIII of 1969), S. 25-A-­Retirement of Road Transport Corporation Employees-- Superannuation age 55 years and service period extendable by appointing authority upto 60 years--Retirement order passed stating that employee attained 60 years--Age controverted by employee--No documentary evidence produced by Corporation to rebut calculation of age as admitted by employee whereby he had not attained superannuation age--Labour Court, in circumstances relying upon admissions of employee and declaring impugned order as illegal. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. 2(i)--"Workman"--Security guard, whether workman--Duties as claimed including not only opening of gates but also loading and unloading of goods--Claim controverted but no evidence contrary thereto produced--Plea of being a workman, in circumstances, accepted. S.M.Kohistani and Ali Ahmed for Applicant. ORDER This is the case of Security Guard, in the employment of Karachi Transport Corporation who was retired from the employment from 11-8-1986 by letter of 11th August, 1986. 2. This order was passed by the KTC officials that Mr. Akber Khan has attained the age of superannuation and therefore, he should collect the dues, to give the final clearance certificate. 3. Mr. Akber Khan has contested the case on two grounds; firstly his retirement was illegal, and secondly he was doing the manual work opening the gates, loading and unloading spare parts and visiting the entire depot throughout night round. 4, At the time of this application 'before the Labour Court on 29-11-1986, he has shown the age of 50 years with sound health and basing the case on his national identity card that his actual date of birth is the year 1928. 5. The respondent has also…

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