Law:

Section:

Industrial Relations Ordinance (XXIH of 1969)Ss. 25A & 38(3)Retirement of workman working in the District Council on basis of his date of birth entered in service bookWorkman claimed not to have yet attained superannuation ageGrievance petition of workman against his premature retirement was dismissed by Labour Court on ground of jurisdiction holding that District Council was not an industry­ValidityWorkman being employee of District Council would be covered by definition of "industry "Provisions of both Industrial Relations Ordinance, 1969 as also West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 would apply to low paid employees of District Council to whom forum of Labour Court would be availableDate of birth of workman had been inserted as 1931 in the column which pertained to height of person concerned and not to his date of birthEntry in relevant column, however, had been erased by dark brown materialWorkman neither had school certificate nor Union Council Certificate showing hiss date of birthEntry in Service Book entered not in relevant column but entered against column of height could not be relied upon especially when entry against relevant column of Service Book seemed to have been erasedRules of justice and equity required that benefit of doubt in matter of age should be given to employee in case of contradictory or doubtful service recordMedical checkup report of workman was available on record where his date of birth was shown to be year 1942In absence of any other cogent evidence date entered in medical checkup report would be deemed to be applicableFinding arrived at by Labour Court that workman had acquired date of superannuation on basis of his service record was set aside and workman's plea that he would acquire age of superannuation in 2002 on basis of medical checkup certificate was accepted to be trueWorkman having been prematurely retired would be reinstated and paid half of his back benefits for having not performed his duty. 1989 PLC 646; 1992 PLC 575; 1990 PLC 620; 1994 PLC 1 and 1991 PLP 801 ref. Shabbir Ahmad Bhutta for Appellant. Javed Ahmad Shahid for Respondent. Date of hearing: 3rd June,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492