GHULAM MUSTAFA Versus SINDH ROAD TRANSPORT CORPORATION

DECISION

1. The only question raised in this appeal is regarding the age of superannuation. The date of birth entered in the Service Book of the appellant is 21‑1‑1928. The medical examination of the appellant conducted under the directions of Labour Appellate Tribunal also shows that the appellant has crossed the age of 60 years. The appellant has relied upon his School Leaving Certificate issued by Headmaster, Miranpur Khairo School. This Certificate is based on the basis of the entries in the School Register but there is a note that the register containing the details of joining the School, leaving the school, class in which he joined etc. does not have these details in respect of appellant Ghulam Mustafa. These illiterate persons while taking their children to School always mention wrong date of birth which is hardly of any consequence. This School Leaving Certificate has been obtained only on 11‑1‑1993 after notice of retirement was issued to the appellant. It is therefore, doubtful if the age entry in this School Certificate is authentic. The circumstances show that this Certificate was not filed from the date of appointment, till the retirement. If it could be available it should have seen filed to get the age entered in the Service Book corrected. In the absence of a sufficient proof of age the age entered in the service record and the age according to the Medical Certificate has to be accepted. Even by appearance the appellant appears to be old, infirm and not fit for doing tough job of a conductor. The order of the Labour Court is accordingly maintained and the appeal is dismissed.

2. H.B.T./2434/Lb.S Appeal dismissed.