1995 PLP 471 (PLC)

‑‑‑‑S. 25‑A‑‑‑Age‑‑‑Determination of‑‑‑Employee who was retired on attaining age of superannuation, had challenged his retirement by filing grievance petition alleging that his date of birth as entered in record on basis of Medical Certificate allegedly obtained by employer after medical' examination of employer was wrong‑‑‑Alleged certificate of Medical Officer regarding age of employee could not he produced by employer as it was said to have been lost Employer had no proof of age as alleged Medical Certificate issued by Medic Officer .was lost and ,only other proof of age was Identity Card produced i employee in proof of his age but that was rot very accurate as in the said ca, age of employee was entered according to his application‑‑‑Labour Court, circumstances, had rightly found that age of employee should be properly ascertained by medical examination by Chief Medical Officer of employer. Abdul Rehman Butt for Appellant. Muhammad Ashraf Khan for Respondent. Date of hearing: 14th March, 1995. The respondent who claimed to be a workman of the appellant Trustees of the Port of Karachi filed his grievance petition before the Labour Court for premature retirement. The respondent had originally been employee as a daily wage worker and no record of his age was maintained. Ultimately he was taken in as a regular worker and referred to the Medical Officer of the Port's Trustee for ascertainment of his age. The age entered in his record thereafter was 7th of February, 1932. The respondent was accordingly being retired on attaining the age of superannuation on 7‑2‑1992. The respondent however claimed that his date of birth according to the National Identity Card was 26th January, 1939 and that is his genuine date of birth and he had still about 7 years to go. He ultimately filed his grievance petition before the Labour Court. During the proceedings the Certificate of the Medical Officer K.P.T. regarding age of the respondent could not be produced as it was said to have been lost. The learned Labour Court accordingly ordered the respondent to be continued in service with all the back benefits and the K.P.T. were at liberty to get the respondent examined again by their Chief Medical Officer for the purpose of determination of his age and to act accordingly. The appellants K.P.T. not being satisfied with this order have preferred this appeal.

2. The learned counsel for the K.P.T. has no proof of age since the alleged Medical Certificate of the K.P.T.s. Medical Officer has been lost. Under these circumstances the only other proof of age is the Identity Card. However, it is not very accurate since this age is entered according to the application of the person concerned. The learned Labour Court has therefore rightly held that the age should be properly ascertained by re‑examination of the respondent by the Chief Medical Officer of the K.P.T. The order of the Labour Court is accordingly maintained and this appeal is dismissed. H.B.T./2443/Lb.S Appeal dismissed.