Law:

Section:

Industrial disputeAgeDeterminationEmployee was retired from service on attaining age of superannuation according to date of birth as filled by employee in the pro forma at the time of his appointment with employerEmployee a few months before actual date of his retirement became aware of error in his date of birth as Military Discharge Certificate which he obtained and duly got verified from the Department from where he had earlier resigned showed different dates of birth according to which employee was to be retired after about three years from his retirementEmployer Department despite itself verifying date of birth of employee as was claimed by employee from Military Department, proceeded to retire employee according to the date of birth as was initially entered by employee at the time of his appointment­Army Discharge Certificate showing date of birth different to the one which was mentioned in appointment order of employee should have been given preference and plea of employee about his actual age or date of birth should not have been repelled because it was possible that date of birth in appointment order of employee might have been entered by concerned clerk through inadvertence or in a mala fide mannerPossibility was also there that it was done by guesswork and employee had signed pro forma in a manner of excitement, without verification of his necessary particulars Order of Labour Court to the effect that employee would stand retired according to date of birth as was shown by Military Discharge Certificate, instead of date of birth as was entered in service record of employer, at time of his appointment, must be taken to be sound. [p. 546] A & B 1994 PLC 1; 1991 PLC 801; 1989 PLC 605; 1988 PLC 323; 1983 PLC 437 and 1984 PLC 56 ref. Muhammad Iqbal Khokhar for Appellants Ch. Shabbir Ahmad for Respondent. Date of hearing: 27th November, 1996. JUDGMENT The appeal is directed against the judgment dated 2171994, rendered by the learned Labour Court No. 1, Lahore, presided over then by Ch. Masood Akhter Khan, following being the relevant facts: 2. Muhammad Hanif joined service with the Punjab Road Transport Corporation on 651964 as Driver and was in the…

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