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1995 PLC 485

THE CHAIRMAN, S.R.T.C., HYDERABAD and another vs MUHAMMAD HASHIM

Citation1995 PLC 485
CourtLabour Appellate Tribunal
Case No.Appeal No, SUK-250 of 1993
Date1995-03-21
Judge(s)Mushtaq Ali Kazi
ResultAppeal dismissed

DECISION ' The only question raised in this appeal is regarding the date of birth of the respondent for the purpose of calculating his age of retirement on attaining 60 years of age.

2. The date of birth entered in the Service Book of the respondent is 30-8-1931. He was retired from service on 30-8-1991. This age was based on his medical examination at the time of appointment.

3. The Medical Officer certified his age to be 28 years in the year 1959. After notice of retirement, the respondent claimed his date of birth to be 15-6-1938 as per Birth Certificate issued by Chief Officer, Shikarpur Municipality. Respondent was therefore got medically examined again by Civil Surgeon, Sukkur. He certified that on 10-3-1992 the age of respondent was 55 years. This Municipal Age Certificate was not produced by the respondent throughout his service to get the record corrected.

The Certificate shows that the birth had been registered on 25-7-1991. The name of the Informant is mentioned as Muhammad Hashim. This shows that the respondent Muhammad Hashim has himself got his birth registered at Shikarpur on 25-7-1991. In any case this Certificate produced after notice of retirement appears to be of doubtful validity. The record cannot be amended on the basis of such Certificate. On the Other hand the date of birth entered in the Service Book of the respondent appears to be genuine as it is based on the Medical Certificate at the time of appointment and also at the time of retirement. The order of the Labour Court is accordingly maintained and the appeal is dismissed.

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