Table of Contents
- Introduction
- Background of the Case
- Legal Issues in the Case
- 3.1 Jurisdiction and Non-Statutory Corporation
- 3.2 Rules for Correcting Date of Birth
- 3.3 Delay in Filing the Petition
- Court’s Decision
- Important Lessons for Employees
- 5.1 Act Quickly in Service Record Disputes
- 5.2 Understand the Rules and Regulations
- 5.3 Ensure Documents Are Accurate and Reliable
- Conclusion
1. Introduction
This article discusses the case of Hukam Dad vs. Islamabad Electric Supply Company (IESCO), where the Islamabad High Court dismissed the petition seeking the correction of the petitioner’s date of birth in his service record. The petition was filed on 20th December 2021, and the decision has important implications for employees facing similar issues with their service records.
2. Background of the Case
Hukam Dad, an employee of IESCO, sought to have his date of birth changed in his service record. He claimed that his actual date of birth was 25th December 1964, but it was recorded as 1st August 1961. The petitioner presented a civil court decree in his favor, but the court found several issues with the claim.
3. Legal Issues in the Case
3.1 Jurisdiction and Non-Statutory Corporation
IESCO operates as a non-statutory corporation. In such cases, the relationship between the employer and employee is governed by the principles of master and servant, not statutory laws. This meant that the constitutional petition filed by the petitioner was not maintainable.
3.2 Rules for Correcting Date of Birth
According to Rule 5 of the Pakistan WAPDA Employees (Date of Birth) Rules, 1994, once a date of birth is recorded, it cannot be changed, except in the case of a clerical error. The court held that Hukam Dad’s case did not meet the exception criteria, and thus, his request for a change was invalid.
3.3 Delay in Filing the Petition
The petitioner filed the grievance petition more than 30 years after joining IESCO. The court found that such a long delay in addressing the issue undermined the petition’s validity. Additionally, the petitioner’s documents, including the school leaving certificate, were considered unreliable as they were issued decades after the fact.
4. Court’s Decision
The Islamabad High Court dismissed the petition, emphasizing the following points:
- No Statutory Ground: The petitioner’s claim could not be supported under statutory law because IESCO is a non-statutory corporation.
- Date of Birth Rules: The rules governing the service record do not allow changes to the date of birth unless there is a clerical error.
- Document Reliability: The supporting documents, especially the school certificate, were deemed unreliable due to their late issuance.
- Delay in Petition: The significant delay in filing the petition (over 30 years) weakened the petitioner’s case.
The court ruled that the grievance petition lacked merit and dismissed it.
5. Important Lessons for Employees
5.1 Act Quickly in Service Record Disputes
Employees should address discrepancies in their service records as soon as possible. Delaying action can harm the case, especially if there is a long time gap between the issue and the petition.
5.2 Understand the Rules and Regulations
Employees must be aware of the rules that govern their employment. In this case, the WAPDA Employees (Date of Birth) Rules clearly stated that date of birth corrections are only allowed in cases of clerical error.
5.3 Ensure Documents Are Accurate and Reliable
It is crucial for employees to ensure that their supporting documents are accurate and reliable. In this case, the late issuance of the school certificate cast doubt on its authenticity.
6. Conclusion
The case of Hukam Dad vs. IESCO serves as a reminder of the importance of acting promptly in addressing service record issues. Employees must be familiar with the rules governing their service records and present reliable documentation. Understanding these legal aspects can prevent future complications in legal proceedings.
If you are facing similar issues with your service record or need assistance with employment-related legal matters, you can contact Advocate Muhammad Amin in Peshawar, Pakistan. Advocate Muhammad Amin offers expert legal advice and representation.
For further assistance, you can reach him at:
Contact Number: 0313 9708019