Law:

Section:

Industrial dispute-- --- Date of birth- -Superannuation--No rules produced indicating fixed age for retirement--Age as assessed by authorised Medical Officers at different times differing--Workman claiming to have been retired pre­mature--Retirement order in circumstances held not sustainable--Labour Court setting aside impugned retirement order and directing for production of any other proof regarding age and also for medical examination of workman by a Medical Surgeon of choice of both management and workman regarding fitness of workman for duty because, in absence of rules, a workman even on attaining age of 60 years may be capable to perform duty--Industrial Relations Ordinance (XXIII of 1969), S. 25. Shabnam Silk Mills v. Khushi Muhammad 1979 P L C 129 and Kettlewell Bullen R Co. Ltd., v. Kettlewell Bullen & Co. Ltd. 1964 LLC 84 rel. P L D 1977 Kar. 168; 1980 P L C 716; 1980 P L C 1131; 1980 PLC 224; 1980 P L C 175 and 1980 P L C 269 ref. Ali Amjad for Applicant. Kamal Mansoor Alam for Respondent. ORDER This is an application under section 25-A, I.R.O. filed by Mr. Mehmood against Messrs Sind Alkalis Limited, challenging the retirement from the service of the respondent company. 2. Applicant was employed as Kooli since 12-9-1967. There was notice issued by the company to all the workers to produce documentary proof of the age by 22-12-1983. Applicant made application to the Manager Administration that he was examined by Civil Surgeon Mr. Aftab Ahmed Qureshi and produced certificate. 3. On 26-12-1983 applicant submitted certificate of civil surgeon where his age was 55 years. 4. On 28th of December, 1983 applicant was served with the letter of retirement from 31-12-1983 and was retired from service. 5. Applicant claims that his retirement is not based according to law. 6. Respondent-company has contended that the applicant and also other workers whose age was not on the record were referred to certified surgeon in August, 1973 and the age was certified to be 50 years at that time. He was also informed of his retirement in December, 1983 but he sent the letter of the subsequent age opinion with ulterior motives. 7. Respondent has contended that his…

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