| Case ID |
1792da3b-741e-4dc5-a49a-a3ed5aba7917 |
| Body |
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| Case Number |
KAR-528 of 1996 |
| Decision Date |
Feb 17, 1997 |
| Hearing Date |
Feb 17, 1997 |
| Decision |
The appeal arises from the Labour Court No. 1, Karachi's judgment, which allowed Muhammad Siddiq Mistry's grievance petition, altering his date of birth according to a Birth Certificate he produced. Initially appointed as a worker, Muhammad Siddiq did not contest the age determined during his medical examination at the time of appointment. After 30 years, upon receiving notice of superannuation, he sought to amend his age. The Labour Court ruled in his favor, but the Port Trust appealed, questioning the timeliness and authenticity of the Birth Certificate. The Tribunal directed the Port Trust to re-examine the respondent's age through a Medical Board, emphasizing the need for accurate age determination. |
| Summary |
In the case of Trustees of the Port of Karachi vs. Muhammad Siddiqi, the Labour Appellate Tribunal addressed an industrial dispute regarding the determination of the employee's age. This case highlights the significance of medical examinations in employment, the legal implications of age verification, and the importance of documentary evidence like Birth Certificates. The Tribunal's decision underscores the necessity for accurate age assessments within employment contexts, especially concerning retirement and superannuation. By focusing on the legal processes involved in age determination, this case serves as a critical reference for labor law and employment rights, emphasizing the balance between administrative decisions and employee rights. The ruling also touches upon the evidentiary standards required for age claims, providing insight into the role of medical evaluations in employment law. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Karachi Port Trust
|
| Judges |
Mushtak Ali Kazi
|
| Lawyers |
Abdul Rehman Butt,
Ch. Muhammad Ashraf Khan
|
| Petitioners |
Trustees of the Port of Karachi
|
| Respondents |
Muhammad Siddiqi
|
| Citations |
1998 SLD 1246,
1998 PLC 145
|
| Other Citations |
1989 SCMR 704
|
| Laws Involved |
Not available
|
| Sections |
Not available
|