Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38---Grievance petition---Maintainability---Date of birth of employee as entered into employer's record at time of appointment of employee, was challenged by employee nearly one year after retirement notice was served on him---Employee was bound to find out evidence regarding his date of birth soon after his date of appointment with employer---Grievance notice was mandatory for filing of grievance petition, but employee had not given grievance notice before filing his such petition in Labour Court---Grievance petition filed by employee without first serving grievance notice upon employer within prescribed period of three months, having incompetently been allowed by Labour Court, order of Labour Court was set aside in appeal. DECISION This appeal arises from order of the Sindh Labour Court No. V, Karachi allowing the grievance petition of respondent Yousuf for changing the date of his retirement intimated to him by the Port Trust. 2. The respondent was employed with the Port Trust, Karachi as a Sawyer. His date of birth entered into Port Trust record was 2-5-1933 and he had, therefore, to be retired at the age of 60 years from 2-5-1993. He was given notice of retirement dated 11-11-1991. Thereafter, it came to his knowledge that his date of birth according to Cantonment records was 10-8-1938. He, therefore, informed the Chairman K.P.T.…

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