Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ---Ss. 2 (xxviii) & 25-A-Railway employee-Head Clerk perfor­ming clerical duties-Wages not exceeding Rs. 800 p. m..-Workman for purposes of Industrial Relations Ordinance, 1969-Entitled to grievance petition against order directing deduction from pension and gratuity -Alleged to have caused loss to Employees Co-operative Store -­Such alleged loss being not to Government but to members of Co­operative Store could not form basis for deduction from pension or gratuity-Order passed for deduction from gratuity or pension in circumstances, held, contrary to law hence not sustainable C. S. R. 351-A and General Conditions Governing Pension, r. 2308. A. T. Mahmood for Appellant. Date of hearing: 26th O-tober, 1982, ORDER This appeal is directed against the decision of the learned VIth Labour Court, given on 29th August, 1982, allowing the grievance petition of the respondent employee, challenging the order whereby an amount of Rs. 21,266.86 has been ordered to be recovered from his pension and gratuity, being the amount of losses caused by him to the Railway Emp­loyees' Co-operative Stores, Kotri. 2. The respondent was admittedly employed as Head Clerk in the Pakistan Railways. It appears that he was on leave preparatory to retirement which was to expire on 30th June, 1982. He was also working as Secretary to the Pakistan Railway Employees' Co-operative Stores, Kotri. It appears that there were allegations against the respondent of misappropriation of the funds of the co-operative store. According to him in about April, he was informed by Mr. Aftab, Welfare Officer, Co-operative Stores, that there was some shortage in the store on account of which a sum of Rs. 21,266.86 was to be recovered from the pension and gratuity of the respondent. 3. The respondent challenged the action of recovery of the aforesaid amount of alleged shortage from his pension and gratuity through a grievance petition filed before the learned VIth Labour Court. The appellants, in their reply statement, admitted that the President of the Pakistan Railway Employees' Co-operative Store, Kotri, had ordered that an amount of Rs. 21,266.86 which was…

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