' The decision dated 24th February, 1982 passed by the learned Presiding Officer, Punjab Labour Court No, 2, Lahore has been challenged in this appeal. The appellant had challenged two things in his petition. He urged that the date of his birth was erased and made as 1919, whereas it was 1929.
His other claim was that he had opted for pension. He in his statement withdrew the objection about his date of birth but claimed that he be given pensionary benefits and he was prepared to refund the G. P. Fund received by him.
2. The option of the respondent was produced by the appellant itself which is Exh. R-2. It is, dated 25th December, 1978. It was received on 31st December, 1978. It is thus clear that the respondent did opt for pensionary benefits before he was actually retired. Objection is recorded on Exh. R-2 by some officer in red ink to this effect but it was a photostat copy and original was still with the respondent. The case of the respondent was that he had delivered his option to Station Master, Raiwind and got his signatures in token of receipt. Exh. P-4 is the copy which is initialed under which the seal is of the station Master. It is thus clear that even original was sent. It may have been misplaced, so the respondent sent Exh. R-2 photostat. Since the respondent has not disowned Exh.
R-2, it was immaterial if it was original or photostat. Since it stands amply proved that the respondent had before retirement opted for pension, he was entitled to get pensionary benefits.
The appellant purposelessly disallowed pension and fought the matter. The learned lower Court thus was justified in accepting the grievance petition of the respondent.
3. As a result of the observations made above, I do not find any force in the appeal and dismiss it.