1997 PLP 716 (PLC(CS))

Respondent in person. Date of hearing: 3rd December, 1996. 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 BPS‑15 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 9‑7‑1985. 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 30‑11‑1987. According to this certificate respondent was born on 2‑1‑1933. 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 Chapra. There is the Service Book of the respondent in which the entries are signed by him from start to finish and which now he tries o refute.

3. This Tribunal has already observed that in such cases where the, employee sleeps over his rights and wakes up at the time of his retirement claiming alteration in the date of birth, the age as entered in his service records over the years should not be altered unless the employees able to produce more authentic evidence showing his correct age. In this case there is no other fresh evidence of age apart from this certificate with the age given by him and the entries in the Service Book appear more authentic than this belated certificate. The Matriculation Certificate has not been obtained from Bihar University though it could be made available. Under the circumstances no case has been made out for alteration of the old record.

4. The via media suggested by the Labour Court that the respondent should be medically examined now, for determination of his age could not also be regarded as more authentic because such determination cannot be exact and there is always a margin of error on either side of about two years with regard to the medical opinion as to age.

5. Lastly it may be observed that the K.D.A. is a Government Statutory Corporation at present being administered ‑by the Government of Sindh. Under the recent Notification amending the Service Tribunals Act called Sindh Service Tribunal Amendment Act, 1994, all suits, appeals or applications relating to the terms and conditions for` service of a person holding a post in the. Corporation pending in any Court immediately before the commencement of the Sindh Service Tribunal Amendment Act, 1994 shall abate. The Service Tribunal shall have exclusive jurisdiction to try such cases and the jurisdiction of Labour Courts is barred. The respondent is not a worker excluded from definition of Civil Service under the Civil Servants Act.

6. For the above reasons it does not appear to be necessary at this stage to have the respondent examined afresh regarding his age by Medical Board. The age of superannuation entered in the Service Book over the years and signed by him shall be regarded as his age for the purpose of retirement.

7. The judgment of the Labour Court is, therefore, set aside and the appeal of the K.D.A. is allowed. H.B.T./215/Lb.S Appeal allowed.