Case Details

Citation(s)
2012 SLG 1228 2012 SLD 1228 2012 PLC 161
Labour Appellate Tribunal, Balochistan
Labour Appeals Nos.46 and 50 of 2008, decision dated: 10-11-2010.
ABDUL QADIR MENGAL, MEMBER

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Balochistan Labour Tribunal BALOCHISTAN ENGINEERING WORKS LIMITED through Deputy Manager and others

VS

JALAL KHAN and others BALOCHISTAN ENGINEERING WORKS LIMITED through Deputy Manager and others vs JALAL KHAN and others

Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46, 47(3) & 48---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12---Termination of service---Grievance petition---Services of employee having been terminated by the employer on attaining age of 55 years, employee filed grievance petition against order of his termination---Said petition was dismissed by the Labour Court---Validity---According to terms of appointment which had been accepted by the employee, employee would be retired on attaining age of 55 years---No doubt, that there was no provision in Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 prescribing any period for retirement which could be agitated as a right, but as age of retirement of 55 years fixed at the time of contract of employment had been accepted and acted upon by the employee, he could not change his position and challenge the same---Services of the employee having been terminated according to terms of agreement of employment which were accepted by the employee, grievance petition by the employee was rightly dismissed by the Labour Court---In absence of any illegality, impropriety in of the Labour Court, same could not be interfered with in appeal. 2005 PLC 219; 1999 NLR 46; 2000 PLC 58 and PLD 1977 Kar. 168 ref. Date of hearing: 10th November, 2010. JUDGMENT ABDUL QADIR MENGAL (MEMBER).--- Through this common judgment I have intended to dispose of above two appeals, filed against the order of learned District and Sessions Judge/Presiding Officer IIIrd Labour Court Balochistan dated 12-11-2008, as the facts and law involved in the both appeals are same and common. 2. The facts of the appeals are that applicant Jalal Khan son of Bhawal Khan through application under section 46 of I.R.O. read with section 12(3) Standing Order, 1968 challenged his termination or retirement from service on 29-11-2004, stating that, the reasons as mentioned in the letter of respondent for retirement are not correct. Actually applicant serving full devotion and with good health. Neither he attended the age of 55 years nor he could be removed after attaining the age of 55 years. Applicant prayed…
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