| Citation(s) |
|---|
| 1993 SLG 1356 1993 SLD 1356 1993 PLC 503 |
Lahore High Court
W.P. No. 664 of 1993, decided on 23rd January, 1993.
MUHAMMAD ARIF, J
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W.P. No. 664 of 1993, decided on 23rd January, 1993.
MUHAMMAD ARIF, J
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NAZIR AHMAD
VS
MANAGING DIRECTOR, RAVI RAYON LTD., LAHORE
Law:
Section:
Industrial Relations Ordinance (XXI11 or 1969)--- ----S. 22-A(8)(g)---Constitution of Pakistan (1973), Art. 199--Age--Determination of--"-Constitutional jurisdiction, exercise of---Employee had alleged that his date of birth as recorded in his service book, was incorrect, whereas date of birth as claimed by him was correct---As there was a difference of 5 years in respective contentions of parties National Industrial Relations Commission framed issue in that respect and after recording statement of Court witness, deferred case for evidence of 'employee--Commission on the said date on request of employers directed that a Medical Board be constituted for determination of age of employee---Commission by allowing prayer of employers to constitute Medical Board to solve controversy with regard to age of employee had not committed any illegality or jurisdictional error which could be interfered with in Constitutional jurisdiction of High Court. A.B. Malik for Petitioner. ORDER Challenge in this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has been made to order dated 9-1-1993 whereby the learned member, National Industrial Relations Commission has directed the Medical Superintendent, Services Hospital, Lahore to constitute a Medical Board under his chairmanship for examination of age of the petitioner with two experts to be nominated by him alongwith him to sit and examine the petitioner and to record a report concerning the age of the petitioner Nazir Ahmad son of Chanan Din, S.P.O. Works 644 House Power House Ravi Rayon Tehsil Ferozewala" The grievance hoisted by the petitioner in these proceedings is that the examination of Mr. Abdul Ghafoor, an Assistant in the office of the Chief Inspector Boilers Punjab, Poonch House, Lahore, as Court-witness, clearly points to the date of birth of the petitioner being 15-1-1936 and not 15-1-1931, as mentioned in the service book of the petitioner. According to him after the recording of the statement of Mr. Abdul Ghafoor, afore-referred, as Court-witness and after the document namely Certificate of Competency for Third Class Engineer granted under the Boilers Act, 1923…
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