Case Details

Citation(s)
2014 SLG 385 2014 SLD 385 2014 PLC 233
Labour Appellate Tribunal, Punjab
Labour Appeal No. LHR-167 of 2013, decided on 16th December, 2013.
ASAD MUNIR, CHAIRMAN
Hafiz Muhammad Yousaf, Law Officer and Salim Baig, Assistant Legal for Appellants. Malik M. Ishaq for
Respondent.

PUNJAB ROAD TRANSPORT CORPORATION through Managing Director, PRTC, Lahore and another

VS

KHURSHID AHMAD

Law:

Section:

Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.Os. 11 & 12---Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 51---Revised Leave Rules, 1981, Rr.15 & 25---Termination of service due to stoppage of work by employer in the establishment---Grievance petition---Golden Handshake Scheme---Employee did not opt for 'Golden Handshake Scheme' floated by employer corporation, but his services were terminated on the ground that his service had become redundant due to complete stoppage of work in the employer's corporation---Employee, first filed grievance petition against order of his termination, but subsequently he relinquished his claim for his reinstatement in service; provided his legal dues were paid to him---Labour Court disposed of grievance petition with direction to the employer to pay all the legal dues to the employee by stipulated date---Employers corporation, paid amount to the employee on account of commutation of pension---Employee, dissatisfied with such payment, claimed that he had been paid less as the employer had withheld amount due on account of commutation of pension; and amount due on account of the encashment of 193 days un-availed leave; as well as amount being the refundable security deposited by him when he joined service of the employers---Held, no deduction would be made for late submission of pension papers in the case of employees of corporation, who had not opted for 'Golden Handshake Scheme'---Services of the employee who had become surplus, in consequence of abolition of his post, he was entitled to receive pay for the entire period of un-availed leave in terms of R.25(1) of Revised Leave Rules, 1981---Employee being less than 40 years old at the time of his termination, could not be deemed to have been retired, as he was not at all eligible for retirement in accordance with applicable rules, regulations or instructions of the corporation---Appeal was dismissed. THIS JUDGMENT DELIVERED BY: ASAD MUNIR (CHAIRMAN)----------- The respondent, Khurshid Ahmad, joined the Punjab Road Transport Corporation ("the PRTC") as a Junior Clerk on 18-8-1984. Pursuant to the Government of the…
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