HUKAM DAD vs ISLAMABAD ELECTRIC SUPPLY COMPANY Correction of date of birth — 2023 PLC 30 ISLAMABAD

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HUKAM DAD VS ISLAMABAD ELECTRIC SUPPLY COMPANY Correction of date of birth---Scope---Date of birth once recorded in the service record of a civil servant cannot be altered or changed except in accordance with the exceptions provided in the rules itself. Citation Name: 2023 PLC 30 ISLAMABADBookmark this Case HUKAM DAD VS ISLAMABAD ELECTRIC SUPPLY COMPANY R.5---Industrial Relations Act (X of 2012), S.33---Constitution of Pakistan, Art.199---Non-statutory corporation---Constitutional petition---Maintainability---Correction of date of birth---Scope---Petitioner challenged dismissal of his grievance petition under S. 33 of Industrial Relations Act, 2012, for correction of date of birth in service record---Contention of petitioner was that decree passed by Civil Court whereby his suit for declaration and mandatory injunction for correction of his date of birth was passed was not considered---Validity---Petitioner had not arrayed his employer i.e. an Electric Supply Company as party in the suit, therefore, its implication or binding effect could not be pressed into service against the company being out of the array of the defendants of that suit---Petitioner intended to get his date of birth altered in service record after morethan two decades---Date of birth once recorded in the service record of a civil servant could not be altered or changed except in accordance with the exceptions provided in the rules---School leaving certificate relied upon by petitioner was issued after more than three decades, therefore, veracity of the same, without putting it to judicial scrutiny, could not be accepted---Petitioner had filed the grievance petition after more than 30 years---Rule 5 of Pakistan WAPDA Employees (Date of Birth) Rules, 1994, provided that once date of birth was declared and recorded at the time of entry in service, same could not be altered---Petitioner was an employee of a company which was a non-statutory corporation and the relationship between company and its employees was that of master and servant---Constitutional petition being not maintainable was dismissed.

HUKAM DAD vs ISLAMABAD ELECTRIC SUPPLY COMPANY Correction of date of birth — 2023 PLC 30 ISLAMABAD

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