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Petitioner: KARACHI WATER AND SEWERAGE BOARD, KARACHI VS Respondent: MOHSIN ALI
Court Name: Labour Appellate Tribunal Judge(s): Mushtaq Ali Kazi Title: KARACHI WATER AND SEWERAGE BOARD, KARACHI vs MOHSIN ALI Case No.: Appeal No. KAR-349 of 1996 Date of Judgment:1996-05-21 Reported As: 1997 PLC 380 Result: Appeal dismissed
Judgment DECISION Respondent Mohsin Ali had filed petition under section 25-A of the I.R.O. Before the 1st Sind Labour Court; Karachi. His grievance was that he was being illegally retired from service with effect from 1- 3-1993 when according to Medical Certificate he should retire on 16-9-1998. 2. On the date of hearing the employers Karachi Water and Sewerage Board were called absent. There was no adjournment application. The learned Labour Court therefore passed an ex parte order. In the course of ex parte proof, evidence of the petitioner was recorded. According to the Certificate of Civil Surgeon, Karachi, the date of superannuation that is 60 years was to be on 16-9- 1998. There was no other documentary evidence such as the Matriculation Certificate, Birth Certificate etc. The respondent was being retired on the strength of only his Identity Card. The age in the Identity Card cannot be considered more authentic than the Medical Certificate. The decision was therefore given by the 1st Sind Labour Court, A Karachi on merits and preference was given to the medical evidence. 3. The learned Advocate for the appellant is not able to point out any better evidence of age. He relies upon the age given by the respondent himself at the the of appointment in the P.W.D. But that is no proof of age. There is, therefore, no ground for setting aside the decision of the Labour Court regarding age. 4. The decision is, therefore, maintained and the appeal is dismissed in limine.