Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ---S. 55-Constitution of Pakistan (1973), Art, .199--Complaint.­Denial of benefits -Order of continuation of service of employee passed prior to issuance of instructions regarding benefits -Such order being prior in time could not encompass instructions which cane into effect later-Effect-Denial of benefit to employee under such instructions may give separate cause of action to employee but could not be made basis of complaint for disobedience of order passed prior to issuance of instructions-Complaint by employee, held, misconceived in circumstances. Ch. Inayatullah for Petitioner. Ch. Muzammil Hussain for Respondent No. 2. Date of hearing : 9th February, 1985. JUDGMENT MUHAMMAD ZAFARULLAH, J.-An order was passed on 12th October, 1973 by the Presiding Officer of Senior Labour Court, Lahore in the following terms:- "In view of the statement of parties, the management is directed to allow the petitioner to work up to the age of 58 years on the basis of his original date of birth shown in the service book. The question regarding the date of birth of the petitioner is left undecided. This question shall be decided by the department as agreed by the parties. The period from the date of proceeding on L. P. R. to the date of resumption of charge by the petitioner shall be treated as leave due as admissible under West Pakistan Govern­ments Servants Leave Rules, 1955. The petitioner is directed to report for duty on 18th October, 1973." In pursuance of this order the petitioner was allowed to continue in service and with a further change to the age of retirement, he superan­nuated at the age of 60 and thus retired from service in 1981. The grievance of the petitioner now is that the petitioner was not granted the benefits available to him…

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