Law:

Section:

Industrial Relations Ordinance (XCI of 2002)--- ----S. 46---Appointment in age of minority---Reckoning of period served under minority---Grievance petition---Employee joined service of employer authority when his age was about 15 years, whereas according to the Rules, only a person not below the age of 18 years could be inducted into service of authority---Employee continued to get his pay from the first day he joined service---Employee claimed that he had rendered his service with the authority including period of his service during minority---Claim of employer authority was that minority period of 2 years was to be excluded from his service period---Reason advanced by the authority was that according to the Rules the permissible age of joining the service being 18 years, services rendered prior to that were not to be included in the pensionary service---Validity---Where employer authority had committed an irregularity, the employee could not be penalized for such a fault---No one would take advantage of his own wrong---Employee's period of minority should have been included and his period of service should have been computed with effect from the day he joined service---Appeal was dismissed accordingly. 1996 PLC (C.S.) 348 rel. I.A. Sharwani and others v. Government of Pakistan through Secretary Finance Division Islamabad and others 1991 SCMR 1041; D.S. Nakara and others v. Union of India AIR 1983 SC 130 and People's Union for Democratic Rights and others v. Union of India and others AIR 1982 SC 1473 ref. JUDGMENT ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- This appeal is directed against the judgment dated 18-2-2009 passed by the learned Presiding Officer, Punjab Labour Court No.3, Lahore at Ferozewala allowing the grievance petition filed by the respondent to the extent that he is entitled to one year further pensionary benefits. The respondent has also filed cross-objections against the judgment of the learned Labour Court with the prayer that the impugned judgment may be modified by holding that the respondent is entitled for pensionary benefits for two years instead of one year and as such the appeal filed by the appellant may kindly be dismissed, Since common…

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