Law:

Section:

(a) Industrial dispute-- -- Notice-Pasting of a notice on Notice Board of establishment­--Deemed to be a notice to all employees. (b) Industrial dispute- --Retirement-Can be construed as a form of termination--Retire­ment at age of 55 years of age a long practice of establishment-­Agreement with C. B. A further containing mention accordingly--­Such age of retirement indicated in notice appearing for sufficient time on notice board of establishment-, Retirement on attaining such age, held, not exceptionable-West E Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O, 12 (3) (i). M. M. Jillani for Appellant. Date of hearing : 26th August, 1980. DECISION The appellant, who was employed as a Senior Assistant in the respondent establishment was retired from service with effect from 25th January, 1979, on attaining the age of 55 years vide respondent's letter dated 24th December, 1978. The appellant challenged his retirement orders by way of a grievance petition under section 25-A, I. R. O. His first grievance petition was made before he had actually retired from service but he withdrew the same and filed a second grievance petition on 24th January, 1979, the day preceding from which his retirement became effective. The learned Labour Court has dismissed the appellant's grievance petition on the grounds, firstly, that there is long practice in the respondent company to retire employees on attaining the age of 55 years, secondly, that notice fixing the retirement age at 55 had been pasted by the respondent-Company on the notice board of the Company and due intimation of the said notice was given to the employees, thirdly, that the age of retirement was fixed in accordance with the settlement reached with the C.B.A. and that finally the appellant's grievance petition was not maintainable as he has served no grievance notice upon his employer after his retirement became effective. 2. It is not disputed that there was a settlement between the respon­dent-Company and the C.H.A. therein on 9th September, 1974, which among other matters covered the question of retirement of the employees of the Company. Article 28 of this Agreement at…

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