1995 PLP 259 (PLC)
TRUSTEES OF THE PORT OF KARACHI ESTABLISHED UNDER KPT ACT, 1886 AT KARACHI Versus HAMEEDULLAH
| Citation | 1995 PLP 259 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Mushtaq Ali Qazi, Appellate Tribunal |
| Parties | TRUSTEES OF THE PORT OF KARACHI ESTABLISHED UNDER KPT ACT, 1886 AT KARACHI Versus HAMEEDULLAH |
| Primary Law | Industrial dispute‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 259 (PLC)?
This judgment primarily cites: Industrial dispute‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 259 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Mushtaq Ali Qazi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 259 (PLC) (TRUSTEES OF THE PORT OF KARACHI ESTABLISHED UNDER KPT ACT, 1886 AT KARACHI Versus HAMEEDULLAH). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Rahman Butt for Appellants.
- Mughees Ahmed Samdani, Representative for Respondent.
- Date of hearing: 12th January, 1995.
Headnotes / Summary
‑‑‑‑Age‑‑‑Determination of‑‑‑Employee who had no proof of his exact age time of his appointment, was got examined by Chief Medical Officer and date of birth of employee was recorded according to medical opinion‑‑‑Later on settlement was arrived at between C.B.A. and Management to the effect that school leaving certificate, mentioning date of birth would be sufficient proof of age and same if not available at time of appointment could be produced during probationary period‑‑‑Employee who was required to produce certificate from India and took sufficient long time in obtaining such certificate, his petition for correction of his age according to school leaving certificate was rejected and age of employee was determined for superannuation according to medical opinion, but there was difference of four years between age determined by Medical Officer and school leaving certificate‑‑‑Medical certificate with regard to age would give only approximate age and there was always a margin of error depending upon accuracy of medical examination‑‑‑Labour Court, in circumstances, rightly held that in settlement arrived at between C.B.A. and Management there could be no bar to determination of actual age of employee and delay in obtaining school leaving certificate, would not deprive employee of such valuable right‑‑‑Age was rightly determined according to school leaving certificate.
Judgment & Decree
Abdul Rahman Butt for Appellants. Mughees Ahmed Samdani, Representative for Respondent. Date of hearing: 12th January, 1995. The appellants, Trustees of the Port of Karachi, had appointed respondent Hameedullah as a Crane Driver. At the time of his appointment the respondent did not have the proof of age recognised by the K.P.T He was, therefore, examined by the Chief Medical Officer of K.P.T. according to the, prevailing practice and his date of birth was recorded, according to the Medical ‑opinion, as the year 1934. Long thereafter a settlement was signed between the collective bargaining agent and the K.P.T. in which it was agreed, that school leaving certificate in cases of non‑matriculate, mentioning date of birth, would be sufficient proof of age and the same if not available at the time of appointment could be produced during the probationary period. Respondent Hameedullah made an application for extension of time to produce the authenticated School Leaving Certificate from India, which usually takes sufficiently long time, but no reply was received by him from the K.P.T. Ultimately he obtained the certificate and some other documents in proof of age and the certificate shows his date of birth to be 2‑9‑1939, duly attested by the Notary Public and High Commissioner for Pakistan. The K.P.T., however, rejected the petition of the respondent for the correction, of his age in the Service Book on the ground that under the settlement such proof was to be produced within six months of the appointment and the collective bargaining agent has signed that settlement.
2. The age of a person is not a matter which can be finally settled by the employer on the basis‑of an agreement. The medical certificate of age gives only approximate age and there is always a margin of error depending upon the accuracy of the medical examination. In this case the medical certificate made the respondent older by four years than his actual age. He has, thus, been made to reach the age of superannuation four years earlier. It has, therefore, been rightly held by the Labour Court that in such settlement there can be no bar to the determination of the actual age of a workman and any amount of delay will not deprive him of this valuable right.
3. The order of the Labour Court is, therefore, maintained and the appeal is dismissed. H.B.T./2400/Lb.S ?????????????????????????????????????????????????????????????????? ??????????? Appeal dismissed.