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1995 PLC 620

MUMTAZ KHAN vs SINDH LABOUR COURT NO. 5 KARACHI and another

Citation1995 PLC 620
CourtLabour Appellate Tribunal
Case No.Appeal No, KAR-559 of 1993
Date1995-04-19
Judge(s)Mushtaq Ali Kazi
ResultAppeal dismissed

1. DECISION ' Appellant Mumtaz Khan was initially appointed as a coolie in the K.E.S.C. Head Office, Karachi. He served up to 13-1-1992 after which he was retired. At the time of retirement he was a Senior Supervisor. At the time of appointment his date of birth entered in the Service Book was 13-1-1932.

2. As claimed by him he came to know in 1985 that his date of birth as entered in his Service Record was not correct, and he was actually born on 11th May, 1936. He therefore applied for alteration of his date of birth on 23-4-1985 but received no reply. He says that he has given Birth Certificate and Primary School Leaving Certificate to the management. That he received the Certificates from India. The appellant was retired on 13-1-1992 butbefore his retirement he had been informed about his date of retirement by letter dated 22-8-1991. He served the K.E.S.C. With his grievance notice only after his retirement and not when he applied for alteration of his date of birth and his request was not granted. In support of his contention the appellant has produced Birth Certificate and Primary School Leaving Certificate from India. The Birth Certificate shows the date of birth to be 11th May, 1936 and the date of the registration of birth as 2nd May, 1936, as if his impending birth was registered even before his arrival. The other School Leaving Certificate does not appear to be authentic as it does not bear the signature of the Head of the School nor is it attested by the Ministry of Foreign Affairs. Both these documents are unreliable. The Labour Court accordingly held that the date of birth could not be altered on the basis of such documents. I also find that there is no substance in this appeal which is accordingly dismissed.

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