DECISION ' Heard Mr. Abdul Rehman Butt, Advocate for the appellant.
' This appeal arises from an order of the Fifth Sindh Labour Court, Karachi, by which petition under section 25-A of the I.R.O., for alteration of the date of birth and superannuation, was allowed against the K.P.T.
2. It is the case of the K.P.T, that date of birth of the respondent was recorded as 10-7-1931 at the time of his appointment on the basis of the opinion of the Chief Medical Officer regarding age. The respondent on completion of the age of 60 years became due for retirement on 10-7-1991. It has been contended by the respondent on the other hand that his age of retirement falls on 11-1-1996.
That he had applied for alteration of the date of birth on confirmation. The respondent produced extract from the Town Committee Hazaro Birth Regisgter. He also produced his Identity Card showing the date of birth as claimed by the respondent. That his date of birth appears on the Seniority List as 11-1-1936.
3. It has been contended by the appellants that according to settlement the-date of birth of a worker cannot be altered on expiry of period of six months from the date of settlement, but there is no limitation of age which keeps running till it is stopped from above. It has been rightly tied by the Labour Court that determination of the correct age is a vested right which gives a continuing cause of action and no limitation runs against it even though a settlement has been reached, that the alteration should be claimed within six months.
4. I find no substance in this appeal which is dismissed in limine.