Law:

Section:

(a) Industrial dispute... ----Retirement---Identity card---Evidentiary value of---Employee who was retired from service on attaining age of 60 years, had produced copy of his Identity Card showing that on the date he was retired he was below 60 years--­Identity Card of employee did not show date of birth but was showing only years of his age---Identity card with regard to proof of age, did not have much evidentiary value unless it was corroborated by some other evidence. (b) Industrial dispute--- ----Retirement---Proof of age---Employee who was retired on attaining age of 60 years, had produced certificate of Chairman of Union Council duly signed and sealed which showed date of birth of employee as entered in Birth Register maintained by Union Council---According to that certificate which was based on record and was thirty years old and had come from proper custody, it was shown that on date employee was retired from service, his age was less than 60 years---Presumption of truth being attached to such certificate, Trial Court rightly reinstated employee holding that employee had not attained age of 60 years on date he was retired from service on ground of attaining age of 60 years. (c) Industrial dispute- ----Retirement---Entry in record of employer---Evidentiary value of---Entry in record of employer at time of entry in service of workman, would have greater evidentiary value. (d) Industrial dispute- ---- Retirement---Questions as to what was date of birth of employee, was a question of fact and not question of law. Rafat Usmani for Appellant. Khalilur Rehman, Representative for Respondents. Date of hearing: 3rd October, 1991. DECISION This is an appeal against the order dated 6-3-1991 passed by the learned Presiding Officer Sindh Labour Court No. IV at Karachi whereby the grievance petition filed by the appellant was allowed and he was ordered to be reinstated in service with full back benefits. 2. The brief facts appear to be, that the respondent was admittedly employed as a workman by the respondent since 1952. According to the appellant, the date of birth given by the respondent at the time of entry into service was 12-3-1930, whereas according to the…

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