Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---New plea---Objection that was not raised earlier before Labour Appellate Tribunal could not be raised for the first time before High Court in Constitutional petition [Industrial dispute]. (b) Constitution of Pakistan (1973)---- ----Art. 199---Constitutional jurisdiction, exercise of---High Court while exercising Constitutional jurisdiction, could not be called upon to enter into evaluation or assessment of evidence as would be done by Labour Appellate Tribunal. [Industrial dispute]. Muhammad Rafat Usmani for Petitioner. Syed Sarfraz Ahmad Addl. A.-G for Respondent. Date of hearing: 4th May, 1992. JUDGMENT MAMOON KAZI, J.---The petitioner calls in question the decision of the Sindh Labour Appellate Tribunal dated 3-10-1991 upholding the order passed by the IV Sindh Labour. Court whereby the grievance petition filed by the respondent was allowed and the respondent was ordered to be reinstated in service with full back benefits. The facts of the case, briefly stated, are that respondent No. 3 was employed as workman by the petitioner. He was retired from the service w.e.f. 11-3-1990 on the ground that according to Service Rule 50(b), applicable to the said respondent, he had reached the age of superannuation on 11-3-1990. It may be pointed out that according to the birth record of the said respondent maintained by the petitioners, he had shown his date of birth as 12-3-1930. The respondent who had joined the petitioners' employment on 20-5-1952 had also shown his age as 22 years. However, before the learned Labour Court the respondent relied upon the certificate issued to him by Civil Surgeon dated 4-4-1990 which showed his age as about 55 years. The respondent also relied upon a certificate said to have been issued by Chairman Malir Union Council dated 25-3-1960, which showed his date of birth as 19-8-1937. The document was also certified by the Chairman Union Council which showed that such entry had been recorded in the birth register maintained by the Union Council. Although it was contended on behalf of the petitioners that the said document was a forgery, nevertheless reliance was placed on the same by the…

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