Law:

Section:

State Bank of India (Sub-Accountants and Head Cashiers) Service Rules-- --R. 2 (2) & (3)-Rule governing superannuation age as 55 years ­Applicable to all categories of employees except those engaged permanently out of country (India) unless made applicable by particular Bank-Head clerk in State Bank of India in Pakistan, held, not governed by rule of superannuation age of 55 years because said rule not made applicable-Order of Labour Court setting aside retirement order on attaining age of 55 upheld by Appellate Tribunal and official, held, entitled to remain in service till reaching age of 60 years if found medically fit for duty. Muhammad Saleem Saghal for Appellant. Muhammad Zaman Qureshi for Respondent. Date of hearing : 24th November, 1982. JUDGMENT This appeal arises from the decision, dated 10th June, 1980, passed by the learned Presiding Officer, Labour Court No. 1, Lahore, whereby the grievance petition of the respondent brought against the order of his retirement at the age of 55 years was accepted and the respondent was directed to be continued in service till he was declared medically unfit for performing his duties. 2. The respondent was working as Head Clerk in the State Bank of India. On attaining the age of 55 years on 31st December, 1979 he was to be relieved on account of retirement. A notice was issued to him before that date. He challenged it contending that he was entitled to remain in service till attaining the age of 60 years. 3. The learned counsel for the appellant has argued that the rule on the basis of which the petition was brought does not contain any provision that an employee will be retired on reaching the age of 60 years. He says that according to State Bank of India Rules the age of retirement is 55 years and thus the respondent is not entitled to remain in service any longer. Since admittedly he has attained the age of 55 years, the argu­ment of the learned counsel has no force. The rules referred by him are not applicable to the respondent. Rule 2 (3) says that those rules shall not apply to any person engaged out of India. Admittedly the respondent is employed in Pakistan and not in India. No doubt proviso to sub­rule…

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