Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.25 A & 37(3) Grievance petition Retirement on attaining age of superannuation Dispute about date of birth Employee who was retired on attaining superannuation age of sixty years, had assailed retirement order alleging that his date of birth according to Municipal Certificate was 17 7 1943 and not 31 12 1935 on basis of which he was retired Employee had also claimed that by his letter sent to employer on 11 11 1974 he had asked the employer to correct his date of birth, but no reply was issued to the said letter Validity Employee was retired on the basis of date of birth as was mentioned by employee at the time of seeking employment If no action on application filed by employee in 1974 for correction of date of birth was taken, employee should have taken further steps, but instead he kept quiet for about twenty two years and filed grievance petition in 1996 which he should have filed in 1974 Employee having failed to explain such undue delay of more than twenty two years in agitating his grievance in the Labour Court, his petition was rightly dismissed being barred by time and also being not maintainable on merits. Muhammad Shafiq Qureshi for Appellant. Muhammad Humayun for Respondents. Date of hearing: 30th March, 2000. . DECISION This appeal has been filed by appellant Muhammad Shafi who was employed as driver in the establishment of the respondents and had been working in that capacity since 18 7 1969. On 27 11 1995 the respondents' issued the retirement Order of the appellant whereby he was to retire with effect from 31 12 1995. As per settlement with CBA, the retirement age at the relevant time was 60 years. As the appellant claimed to have been born at Karachi tin 17 7 1943, the retirement order was unacceptable to him. He made efforts to have the respondents correct his birth date on the basis of birth certificate issued by the KMC as well as the affidavit of his real uncle Pir Bux, who had, however, expired 5 years ago. The respondents refused to correct his birth date and consequently the appellant was not reinstated in service. He was, therefore, contained to serve grievance notice on the…

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