Law:

Section:

Municipal Rules, 1930---- ---R.XVII-1--Retirement and pension benefits--Sweepers of Town Committee--Not guaranteed any pension or retirement benefits--Grievance petition before Labour Court claiming pension and retirement after service of 25 years--Petition in absence of right guaranteed by law, award or settlement--Not maintainable--Labour Court, in circumstances, held, rightly non-suited petitioners---Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3). Mahboob Alam for Appellants. Sajjad Anwar Bhatti for Respondent. Date of hearing: 27th October, 1984. JUDGMENT The decision, dated 21-4-1984 recorded by the learned Presiding Officer, Punjab Labour Court No.5, Faisalabad has been challenged in this appeal whereby the grievance petition of the appellants for being treated as permanent employees and being given benefits of retirement rules was dismissed. 2. Learned counsel for the appellants has made reference to payment register of pay Exh. P.15. and copy of settlement Exh.P.6. In Exh.P.15 monthly salary of both the appellants is mentioned as Rs.75. It is argued on strength of Exh.P.15 that the appellants are not daily wages. On the other hand learned counsel for the respondent has referred to muster roll Exh. R.l. In this document both the appellants are shown to be absent for three days in the month of May, 1973.According to pay register Exh.R.2, Rs.14.81 were deducted from the pay of both the appellants. It is argued that since the appellants are not permanent and regular employees, they are not paid the pay for the days on which they remained absent. So far as Exh.R-1 is concerned interpolation was made in it by changing the letter 'P' meant for 'present' into 'A' meant for absent. No other evidence has been pointed out that may show that the pay of holidays or leave days was not paid. Since the pay is fixed for whole months, it means that the pay is allowed for Fridays and other declared holidays. 3. Needless to say that under section 25-A only right guaranteed by any settlement, award of law can be claimed. In the grievance petition it is said that the appellants are entitled to be retired by operation of law. It has not, however, been…

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