Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- --Ss.25-A & 38(3)--Retirement--Appellant retired from service on attaining age of 50 years--Appellant neither having declared his age nor having produced any other proof in support of his correct date of birth at time of his appointment, respondent-establishment getting his age assessed by medical examination to be 30 years on 15-10-1955 to which appellant had not raised any objection--National Identity Card showing appellant's date of birth as 12-3-1934 and his school­ leaving certificate showing it to be 2-2-1933--Respondent-establishment, held, had correctly retired the appellant from service and there was nothing wrong with impugned order. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Grievance petition--Retirement--Appellant having accepted all dues and benefits after retirement from service from respondent-establishment, held, ceased to be an aggrieved worker to, invoke jurisdiction of Labour Court under S.25-A. Muhammad Siddique v. Premier Tobacco Industries Limited 1981 P L C 670 and Fateh Ali Chemical Works v. Majeed Baig 1973 P L C 297 rel. Nemo for Appellant. Shabbir Ahmad Awan for Respondents. Date of hearing: 25th March, 1987. DECISION This is an appeal filed by the appellant against an impugned order, dated 17-12-1984, passed by the Sind Labour Court No. VII at Sukkur, 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 it was alleged by the appellant that though he had hardly attained the age of 50 years yet he was wrongly, unlawfully and prematurely retired from service by the respondent establishment. Being aggrieved with this action of the respondent establishment, the appellant filed a grievance petition under section 25-A, I. R. O., 1969. 3. The respondent establishment resisted the petition on the ground that the appellant was originally appointed as Mazdoor and at that time he did not declare his age nor produced any other proof in support of his correct date of birth, therefore, he was medically examined by the works Medical Officer who assessed his age to be 30 years on…

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