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1990 PLC 48

NISAR AHMAD vs THE GENERAL MANAGER (MILLS) and another

Petitioner: NISAR AHMAD VS Respondent: THE GENERAL MANAGER (MILLS) and another

Court: Labour Appellate Tribunal Decision Date: 1989-08-08

Full Judgment Text & Judicial Ruling

Court Name: Labour Appellate Tribunal Judge(s): Ahmed Ali U. Qureshi Title: NISAR AHMAD vs THE GENERAL MANAGER (MILLS) and another Case No.: Appeal No, KAR-277 of 1989 Date of Judgment:1989-08-08 Reported As: 1990 PLC 48 Result: Appeal dismissed

Judgment DECISION This is an appeal against the order of learned Sindh Labour Court No,IV, Karachi, dated 9-4-1989, dismissing the grievance petition of the appellant. 2. The brief facts of the case are that on joining the service of the respondent in 1972 the appellant gave his date of birth as 1928 which was duly entered in the record of the respondents. Admittedly National Identity Card, which was issued to the applicant in the year 1974, also shows the year of birth to be 1928. When he was nearing his retirement in 1987 he got himself examined by Civil Surgeon, Karachi, who opined that his age was 55 years. The certificate issued by learned Civil Surgeon does not appear to be based on any classification test. It appears to be only his opinion on clinical examination of the appellant. Even this doctor has not been examined by the respondents before the learned Labour Court. His grievance application, therefore, that he could not be retired in 1988 because he had still not attained the age of sixty years, has rightly been rejected by the learned Labour Court. 3. The appeal is, accordingly, dismissed in limine.

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