| Case ID |
303635d0-25f5-4139-b466-8b73574a61e8 |
| Body |
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| Case Number |
Writ Petition No.4117 of 2021 |
| Decision Date |
Dec 20, 2021 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the writ petition filed by the petitioner, Hukam Dad, challenging the dismissal of his grievance petition under Section 33 of the Industrial Relations Act, 2012, for correction of his date of birth in the service record. The court found that the petitioner had not properly arrayed his employer, the Islamabad Electric Supply Company, in the earlier suit he filed for correction, leading to a lack of binding effect on the company. The court emphasized that once a date of birth is recorded in the service record of a civil servant, it cannot be altered except in accordance with specific exceptions provided in the rules. The petitioner's claims were dismissed due to significant delays in filing the grievance, as well as the lack of sufficient evidence to support the requested alteration. |
| Summary |
In the case of Hukam Dad versus Islamabad Electric Supply Company, the Islamabad High Court dealt with a writ petition concerning the correction of the petitioner's date of birth in his service record. The petitioner contended that the date of birth recorded was incorrect, and he sought to have it amended based on a decree from a Civil Court which was not binding on his employer since they were not a party in that earlier suit. The court ruled that such corrections are strictly regulated by the Pakistan WAPDA Employees (Date of Birth) Rules, 1994, which state that once a date of birth has been officially recorded, it cannot be changed unless specific criteria are met. The court noted the substantial delay in the petitioner's filing of his grievance, which was over three decades, and found that the claims lacked merit. This case highlights the complexities of employment law, particularly regarding the rights of employees to amend their records and the necessity for adherence to procedural rules. The ruling reinforces the importance of timely action in grievances related to employment records, echoing trends in labor law and employee rights. |
| Court |
Islamabad High Court
|
| Entities Involved |
ISLAMABAD ELECTRIC SUPPLY COMPANY,
National Database Registration Authority (NADRA)
|
| Judges |
ARBAB MUHAMMAD TAHIR, J
|
| Lawyers |
Malik Waqar Mahmood Awan
|
| Petitioners |
HUKAM DAD
|
| Respondents |
ISLAMABAD ELECTRIC SUPPLY COMPANY through Chief Executive and 4 others
|
| Citations |
2023 SLD 376,
2023 PLC 30
|
| Other Citations |
Chief Secretary, Government of Balochistan, Quetta and others v. Asmatullah Kakar 2020 SCMR 1678,
Pakistan International Airlines Corporation and others v. Tanvir ur Rehman and others PLD 2010 SC 676,
Muhammad Khaliq Mandokhail v. Government of Balochistan C.P. No.4428 of 2019,
Manzoor Ahmad v. Federation of Pakistan, 2018 PLC (C.S.) 1224
|
| Laws Involved |
Industrial Relations Act, 2012,
Constitution of Pakistan, 1973
|
| Sections |
33,
199
|