Law:

Section:

Industrial disputeAgeDetermination ofEntries in Service Book of employee with regard to his date of birth which were signed by him from start to finish and were never disputed by him during his service had been refuted by him after his retirement on attaining age of superannuation according to his service recordWhere employee slept over his rights and woke up only at the time of his retirement claiming alteration in his date of birth, the age as entered in his service records over the years, should not be altered unless employee was able to produce more authentic evidence showing his correct age­Employee, despite being Matriculate, having failed to produce his Matriculation Certificate in proof of his correct date of birth, had failed to make out case for alteration of his old service record showing his date of birth. Date of hearing: 3rd December, 1996. DECISION This appeal by K.D.A. arises from decision of 1st Sindh Labour Court, Karachi partly allowing grievance petition of one Syed Ibne Raza for determination of his age at the time of his retirement by medical examination. 2. The facts in brief are that the respondent at the time of his retirement was working as Assistant BPS15 in the K.D.A. At the time of his appointment the respondent's date of birth entered in his Service Book was 10th July, 1925. He, therefore, stood retired on attaining the age of superannuation namely 60 years on 971985. The respondent claimed that this was a wrong entry and he was actually born in the year 1931. He afterwards produced a certificate regarding his age issued by Zila Government Higher Secondary School, Chapra. Bihar Province in India. This certificate is dated 30111987. According to this certificate respondent was born on 211933. This certificate makes the respondent still younger by two years as compared to his claim of having been born on 4th July, 1931. This certificate is not the School Leaving Certificate and it has, therefore, not been considered as authentic. The proper certificate for proof of age if the Matriculation Certificate which the respondent cleverly suppressed although he claims to be a Matriculate from India. As against this evidence of age from…

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