Legal Case Summary

Case Details
Case ID d572f884-c880-40c0-be88-eef93bf77e04
Body View case body.
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)