Many employees face wrong DOB forced retirement when their CNIC shows incorrect age information. Fortunately, a significant Balochistan Labour Appellate Tribunal case demonstrates how employees can successfully fight such unfair termination and secure reinstatement with full benefits.
The Wrong DOB Forced Retirement Problem
Abdul Salam worked as a helper at Sui Southern Gas Company since 1996 with his original CNIC showing his birth year as 1963. However, when he obtained a computerized CNIC later, NADRA mistakenly recorded his birth year as 1952. Consequently, the company proceeded with wrong DOB forced retirement based on this error, claiming he had reached age 60.
Legal Battle Against Wrong DOB Forced Retirement
The employee first approached NADRA to correct his birth date, but they refused. He then filed a civil suit, and the court ordered NADRA to correct his birth date to 1963. Despite this court order and a new corrected CNIC, the company still proceeded with wrong forced retirement, forcing him to approach the labour court for justice.
Labour Court’s Decision on Wrong Forced Retirement
The labour court thoroughly examined the evidence and ruled in the employee’s favor. The court set aside the termination letter and ordered immediate reinstatement with all back benefits. The judges directed the company to recognize the correct birth date of 1963 as shown in the NADRA-issued CNIC, thereby declaring the wrong forced retirement illegal.
Company’s Failed Appeal Against Reinstatement
The gas company appealed to the Labour Appellate Tribunal, but their appeal was hopelessly time-barred. The tribunal noted that the company had legal representatives available who could have filed the appeal timely. Moreover, the company failed to provide sufficient reasons for the delay in challenging the wrong forced retirement verdict.
Strong Evidence Against Wrong Forced Retirement
The employee presented compelling evidence to prove the wrong forced retirement was unjust. A NADRA representative verified the corrected CNIC with the 1963 birth date. The civil court decree ordering the correction provided legal backing. Courier service records proved the employee served the required legal notice. Witness testimony consistently supported the employee’s claim of unfair termination due to wrong forced retirement.
Legal Principles for Wrong Forced Retirement Cases
This case establishes that companies cannot ignore court-ordered CNIC corrections when considering wrong forced retirement. Employees have the right to challenge termination based on incorrect age records. Proper legal notice service is crucial for valid cases. Moreover, courts generally decide cases on merits rather than technicalities when justice demands it.
Required Steps to Challenge Wrong Forced Retirement
First, obtain a corrected CNIC through proper legal channels if NADRA refuses initially. Then serve a formal grievance notice to your employer through reliable courier service. File a case in labour court if the company doesn’t respond appropriately. Present all evidence including corrected CNIC, court orders, and witness testimony. Finally, pursue the case through appeals if necessary to secure rightful reinstatement after wrong forced retirement.
Important Lessons for Employees
This judgment provides crucial guidance for employees facing wrong forced retirement. Always keep your original employment documents and CNIC copies secure. Act immediately when you discover age discrepancies in official records. Don’t accept termination based on incorrect documents. Seek professional <a href=”/labour-law-services”>legal assistance</a> to navigate the complex labour court process effectively.
For professional help with <a href=”/wrong–forced-retirement-case”>wrong forced retirement cases</a> and other employment legal matters, contact:
Muhammad Amin, Advocate
📞 Phone: 0313-9708019 | 0335-1990495
📧 Email: muhammadaminadvo111@gmail.com