This appeal arises from the decision dated 10-3-1982, passed by the learned Presiding Officer.
Punjab Labour Court No. 6, Rawalpindi, whereby the grievance petition of the . Appellant for being taken back on duty was dismissed.
2. The appellant was retired on the ground of reaching the age of superannuation of 60 years. In his service record the date of his birth is givenas 23-10-1920. The appellant produced in evidence copy of, duplicate matriculation certificate issued by the Punjab University Lahore in 1980, in which the date of birth of the appellant is given as 6-12-1923 The learned lower Court has not relied upon this certificate and has remarked that the same is of dubious nature. The ground given is that if in reality his date of birth was 6-12-1923, why did he not mention it in his application for employment.
The answer is quite simple that the certificate was obtained in 1980, whereas application for employment was given in pre-Partition days. Exh. P. 1 is a duplicate and not original. This is apparent that the original was no longer in the possession of the appellant at the time he joined service. The duplicate has been issued by a great Ahm Meli and cannot be discarded easily and without cogent reasons. If the learned Presiding Officer had any doubt, he should have before discarding it summoned the relevant record of the University. There is no restriction for the courts to give correct finding about the date of birth relying upon an entry in the birth record or the matriculation certificate.
3. As upshot of the observations made above, I accept the appeal and setting aside the impugned decision of the learned lower Court, remand the case with the direction that after summoning Punjab University's record and after verification of the duplicate. Matriculation certificate, copy of which is Exh. P 1; the case be redecided.