| Case ID |
d572f884-c880-40c0-be88-eef93bf77e04 |
| Body |
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| Case Number |
LHR-575 of 1984 |
| Decision Date |
Nov 18, 1984 |
| Hearing Date |
Nov 12, 1984 |
| Decision |
The appeal was accepted, and the decision of the Labour Court to reinstate the respondent was set aside. The Appellate Tribunal found that the respondent, Muhammad Yasin, had retired based on the service record which indicated his age and date of superannuation. The Tribunal ruled that the medical certificates presented were not reliable, as they were not based on X-ray reports and contradicted the service record. Furthermore, the respondent's acceptance of his dues in final settlement barred him from challenging his retirement. Thus, the appeal concluded with the dismissal of the grievance petition. |
| Summary |
In the case of Pakistan Engineering Company Ltd. vs. Muhammad Yasin, the Labour Appellate Tribunal, Punjab, addressed an industrial dispute regarding the retirement of Muhammad Yasin, a charge hand who contested the date of his superannuation based on medical certificates. The Tribunal emphasized the importance of service records over medical certificates lacking corroborative evidence. It determined that without substantial evidence to challenge the age recorded in the service documents, the respondent was barred from disputing his retirement. This case highlights critical aspects of employment law and the significance of accurate record-keeping in employment disputes, making it a relevant reference for practitioners in the field. Key terms include 'industrial dispute', 'superannuation', 'employment law', and 'service record'. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Malik Bashir Ahmad
|
| Petitioners |
Pakistan Engineering Company Ltd.
|
| Respondents |
Muhammad Yasin
|
| Citations |
1985 SLD 2147,
1985 PLC 810
|
| Other Citations |
1981 P L C 670,
1973 P L C 297,
1984 P L C 424,
1984 P L C 425
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A,
38 (3)
|