Date of brith was
corected.
Limitation Act (IX of
1908), Art. 120 ---Suit for declaration---Date of birth recorded in Service
Record, correction of---Plaintiff (employee of Pakistan Steel Mills) alleged
that his date of birth had wrongly been recorded in Service Record as 21-12-1951
instead of year 1956---Defendant-employer's plea was that suit was time-barred
for having been filed after 30 years of joining service---Proof---Year of date
of plaintiff birth was mentioned as 1956 in his old and new National Identity
Cards, authenticity whereof had not been challenged by defendant---Joining
report relied upon by defendant had been admitted by its witness not to be in
handwriting of plaintiff---Defendant's witness admitted that plaintiff's date
of birth recorded in Medical Card and Insurance paper was year 1956---According
to plaintiff that he came to know about such wrong entry in his service record,
when he applied for loan and he was informed that he was going to retire in
year 2011 according to his date of birth i.e 1951, but defendant declined to
correct same in year 2008---Defendant had failed to establish that plaintiff
was in knowledge of such entry in Service Record prior to year 2008---Defendant
had not produced any Rules/Regulations governing terms and conditions of its
employees barring alteration in their date of birth---Suit was decreed in
circumstances.
2014 MLD 440 KARACHI-HIGH-COURT-SINDH
PAKISTAN STEEL MILLS CORPORATION (PVT.) LTD. Versus MUHAMMAD ALIS.42--
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