CORRECTION IN DATE OF BIRTH

CORRECTION IN DATE OF BIRTH

PAKISTAN STEEL MILLS CORPORATION (PVT.) LTD. Versus MUHAMMAD ALI

S.42--

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 ALI