DECISION ' The appellants K.E.S.C. Have called in question the decision of the Labour Court determining age of the respondent.
2. The respondent had joined the service of the K.E.S.C. On 22-8-1957. At that time the respondent's date of birth was entered in the service record as 1-8-1932. There was no evidence of age 'available at that time and this date of birth was recorded on the presumption that the respondent was 25 years of age at that time. Later on the respondent applied for correction of the date of birth in his service record and mentioned this date to be 30-4-1939. The K.E.S.C. Declined to alter his date of birth. He therefore filed his grievance petition before the Labour Court. The Labour Court gave him time to obtain proof of date of birth from India. The respondent accordingly obtained two certificates from his native place Herdoi District Shahabad Uttar Pardesh. One is authenticated by Ministry of Foreign Affairs, Karachi and the other by Government of India. In both these certificates the date of birth of Atiq-uzZaman Khan s/o Muhammad Rashid-uz-Zaman Khan of Mangla Kalee as mentioned is 30-4-1939. There is nothing suspicious about these certificates and in the absence of any other evidence these Certificates of birth have been held to be sufficient proof of age. The Labour Court accordingly accepted the entries of these Certificates and corrected the date of birth of the respondent to be the age entered in these Certificates. The K.E.S.C. Has however appealed against the decision of the lower Court and insisted on premature retirement of the respondent.
3. There can be no bar to alteration of the date of birth entered in the service record, if the proof for such alteration has been obtained by the worker pending the terms of his employment. It is the inherent right of a person to have his correct age recorded in the service record and there is no objection against it. I therefore find no substance in this appeal of the K.E.S.C. Against such correction. The order of the Labour Court is maintained and the appeal is dismissed. The respondent may be reinstated in service according to the corrected age and for the period he remained out of job on retirement, he may be paid the difference by way of back benefits within a period of 15 days.