Law:

Section:

Industrial Relations Ordinance (XXII1 of 19691-- Ss 25-A & 38(3)--Age--Date of birth--Entry in official record maintained in due course cannot be ignored in absence of cogent grounds of rebuttal--Date of firth entered in service record disputed and workman producing extract from Birth Register of relevant year maintained at concerned Police Station-­Workman retired as having attained superannuation age on basis of entry in service record and document produced by him not relied upon--Retirement order challenged as wrongful in grievance petition but Labour Court without taking into consideration interpolations and manipulation in service record and ignoring extract of Birth Register dismissing grievance petition--Plea that document submitted subsequently in support of clam regarding different date of birth could be brought cm record or relied upon, repelled--Labour Court, held, was not correct in not taking into consideration said facts--No other document was available on record to genuinely prove that date recorded in service record was rest--Grievance petition accepted and order of Labour Court set aside by appellate Tribunal with direction that workman would be retired on flaming superannuation age on basis of date reflected in extract of Birth Register. P L D 1978 S C 307 rel. DECISION This is an appeal fled by the appellant against an impugned order, dated 8-5-1986, passed by the Sind Labour Court No. 11 at Karachi, who had dismissed the grievance petition of the appellate under section 25-A, I.R.0.,1969. 2. Briefly stated the facts of the case were that the appellant was appointed in the respondent establishment as a Cook in the year 1948 and was subsequently promoted as Stocker and then Greaser and at that time, his date of birth was wrongly mentioned as 2-5-1925 against which he had protested and had submitted his Birth Certificate from the relevant authority showing his date of birth as 11-10-1930, but, it was not accepted by the respondent establishment and was arbitrarily, illegally and with mala fide intention observed as 2-5-1925 and then was retired from service with effect from 2-5-1985. Further, the appellant claimed that against his unlawful…

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