Law:

Section:

Industrial dispute- -- Pensionary benefit-Railway worker claiming to have opted for pension before retirement date-Photo copy of option letter duly endorsed by immediate superior produced-Disallowing pension benefits, in circumstances, held, not proper and Labour Court justi­fied in accepting grievance petition-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3). S. Muhammad Naqi for Appellant. Kh. Tariq Masood for Respondent. Date of hearing : 4th July, 1983. JUDGMENT The decision dated 24th February, 1982 passed by the learned Presi­ding Officer, Punjab Labour Court No. 2, Lahore has been challenged in this appeal. The appellant had challenged two things in his petition. He urged that the date of his birth was erased and made as 1919, whereas it was 1929. His other claim was that he had opted for pension. He in his statement withdrew the objection about his date of birth but claimed that he be given pensionary benefits and he was prepared to refund the G. P. fund received by him. 2. The option of the respondent was produced by the appellant itself which is Exh. R-2. It is, dated 25th December, 1978. It was received on 31st December, 1978. It is thus clear that the respondent did opt for pensionary benefits before he…

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