2020 PLP 122 (PLC)

ABDUL HAMEED BALOCH, J.

Through this order we intend to dispose of above constitutional petition filed by the petitioners against the judgment dated 29th December, 2017 passed by District and Sessions Judge/Presiding Officer, 1st Labour Court, Balochistan Quetta, (hereinafter referred to trial court), whereby the grievance petition filed by respondent No. 1 was allowed and against the order dated 1st March, 2018, passed by Labour Appellate Tribunal Balochistan, Quetta, (hereinafter referred to "appellate court"), whereby the appeal filed by the petitioners was dismissed and order of the trial court was upheld.

2. Succinct facts of the case are that respondent No. 1 filed grievance petition within the mandate of Section 41 of the Balochistan Industrial Relations Act, 2010 (Act, 2010), before the trial court with the averments that the actual date of birth of respondent No. 1 is 1st August 1962 and with same date of birth he was admitted in Government Pilot Secondary School Mastung. In the year 1983 the respondent No. 1 was appointed in petitioners, company on the basis of Middle School Leaving Certificate and same date of birth was recorded in the service book of the respondent No.

1. Being custodian the service book was in custody of the petitioners' company. It was further averred in the grievance petition that the respondent No. 1 was under the impression that he will be retired in the year 2022. It was further case of the respondent No. 1 that few months back one of the official of Account Section informed him that he will be retired in the next year, on which he approached Account Section and demanded his service book, but the request was declined, however the respondent succeeded to obtain his service book and it revealed that service book has been tempered by changing the actual date of birth i.e. 1st August 1962 to 1st August 1958, as such grievance notice was given to the petitioners for rectifying the date of birth in the service book, but no heed was paid, as such grievance petition was filed.

3. The petitioners filed reply to the grievance petition on legal as well as factual grounds. It was objected that the petition is not maintainable under the provisions of Act, 2010; that the trial court has no jurisdiction to entertain and decide the matter; that the service of the respondent No. 1 falls under the WAPDA Rules being service of Pakistan under 17(1)(B). On merit it was contended that on first page of the service book overwriting has been made which create ambiguity. Further, as per Rules and Policy every employee is supposed to be retired on the basis of date of birth recorded in his service book. It was further contended that the case of respondent No. 1 was forwarded to Headquarter for taking appropriate decision, but the request was not exceeded to. It was prayed that grievance petition be dismissed.

4. After receiving pleadings of the parties the learned trial court framed issues on 15th November, 2017. The respondent No. 1 in support of his contention produced three witnesses and got recorded his own statement. In rebuttal the petitioners' company produced its representative.

5. On conclusion of the evidence of both the sides the learned trial court heard arguments and allowed the grievance petition vide judgment dated 29th December, 2017. Being aggrieved of the judgment of the trial court the petitioners preferred appeal within the mandate of section 55 of the Balochistan Industrial Relations Act, 2010 before the Labour Appellate Tribunal Balochistan, Quetta, but the same was dismissed vide order dated 1st March, 2018, hence this petition.

6. We have heard learned counsel for the parties at length. Perusal of record reveals that respondent No. 1 filed grievance petition before the trial court for rectification of date of birth as 1st August 1962 instead of 1st August 1958 on 27th September, 2017, which was allowed by the trial court on 29th December, 2017 with direction to the petitioners to correct the date of birth of the petitioner in service book. The appeal was met with the same fate on 1st March, 2018.

7. The service book of respondent No. 1 transpires that his date of birth is 1st August, 1958, which was mentioned in figures and words and signed by respondent No.

1. The record further reveals that respondent No. 1 has filed an application for grant of general provident fund advance, wherein at serial No. 4 his date of birth has been mentioned as 1st January 1958. The respondent No. 1 filed grievance petition for correction of his date of birth after more than thirty three (33) years. The respondent No. 1 was appointed as driver in 1983 by the petitioners. The Notification No. 10/54/98-R-2 was issued by the Cabinet Division Islamabad, on 31.07.2000, wherein according to clause 12-A Alteration in the date of birth, the date of birth once recorded at the time of joining government service shall be final and thereafter no alteration in the date of birth of civil servant shall be permissible.

8. The respondent No. 1 was appointed as driver. He filed application for correction of date of birth after more than 33 years. An employee cannot make application for change of date of birth after such a long delay. The respondent No. 1 wake up and filed the grievance application at the verge of his retirement. The authenticity of date of birth recorded in service book cannot be challenged belatedly. The employees regarding correction of date of birth cannot be permitted to rise deep and dramatically to approach for correction of date of birth when about to retire. Once an entry of age or date of birth has been made in service book no alteration of the entry should afterwards be allowed. In view of the above the constitution petition is accepted, the impugned judgment dated 29th December, 2017 passed by District and Sessions Judge/Presiding Officer, 1st Labour Court, Balochistan Quetta, and impugned order dated 1st March, 2018, passed by Labour Appellate Tribunal Balochistan, Quetta, are declared void and of no legal effect, consequently the grievance petition filed by respondent No. 1 is dismissed. ZC/130/Bal. Petition accepted.