Law:

Section:

Industrial dispute--- ----Age---Determination of---Employee who was an illiterate person and had no idea about his date of birth, was sent for medical examination---Civil Surgeon examined employee and gave certificate about his age which age was accepted by employer at time of appointment without any objection---After lapse of about twenty-five years, employer altered said date of birth of employee by adding fifteen years to the age and directed retirement of employee on allegedly attaining sixty years of age without giving any cogent reason for such alteration---Medical opinion as to age, was always reliable as the margin of error in such a case could at the most be two years, whereas difference in order of retirement was fifteen years which could not be accepted. Siddique Mirza for Shabbir Ahmed Awan for Applicants. Syed Iftikhar Hassan for Respondent. Date of hearing: 4th December, 1994. DECISION This Revision Application under section 38(3) of I.R.O., 1969, is directed against the order of Sindh Labour Court No. VIII, Larkana, whereby the impugned order of the petitioners for retirement of the respondent from service was stayed pending the disposal of an application under section 25-A of the industrial Relations Ordinance, 1969. 2. The facts which are hardly disputed are that the respondent one Allah Bux s/o Muhammad Punjal was appointed as Lineman in the T and T Department at Larkana on 1-12-1964. Since he was illiterate and had no idea of his date of birth he was sent for Medical Examination. The Civil Surgeon, Larkana, on 3-12-1965 certified his age to be 25 years. This date of birth was accepted and no queries were made. The date was recorded in his Service Book as 5-i1-1939. This was also the date which was entered in his National Identity Card. Suddenly, after lapse of about twenty years, on 30-6-1994 the respondent received an order, dated 29-6-1994 altering his date of birth and directing his retirement on 16-8-1987 on attaining sixty years of age with retrospective effect. This order was passed on the ground that in the original application for appointment the date of birth of the respondent was mentioned to be 15 years earlier. Further…

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