| Citation(s) |
|---|
| 1987 SLG 989 1987 SLD 989 1987 PLC 102 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-203 of 1985, heard on 23rd July, 1986.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. KAR-203 of 1985, heard on 23rd July, 1986.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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The DISTRICT MANAGER, KARACHI TRANSPORT CORPORATION
VS
MUHAMMAD AYUB
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Grievance petition--Retirement of employee of Road Transport Corporation on attaining age of superannuation--Employee claiming that his date of birth was 1934 as shown in National Identity Card and Departmental Identity Card --Establishment unable to submit anything in rebuttal of respondent's pleadings --Retirement/termination of service of respondent, held, was premature and illegal--Order of Labour Court directing re-instatement of respondent in service was maintained. Azmatullah Khan for Appellant. S.P. Lodhi for Respondent. Date of hearing: 23rd July, 1986. DECISION This is an appeal filed by the appellant Corporation against the impugned order, dated 30-5-1985, passed by the Sind Labour Court No.l, Karachi, who had allowed the grievance petition of the respondent, Muhammad Ayub, filed by him under section 25-A, I.R.O. 1969. 2. Briefly stated the facts are that the respondent was employed by the appellant Corporation as a Driver. On 7-12-1982, he was delivered a letter of termination of his services on the ground that he attained the age of superannuation from 18-12-1982. The respondent submitted an appeal to the appellant Corporation that at the time of alleged termination /retirement of his service, his age was 49 years, therefore, the action of the appellant Corporation was illegal. 3. The case of the appellant Corporation before the learned Labour Court was that the respondent was not of 49 years of age, but in fact, on 9-2-1980, his age was 58 years, therefore, he was rightly retired from service at the age of 60 years. 4. A pre-admission notice was issued the respondent. I, therefore, heard Mr. Azmatullah Khan for the appellant Corporation and Mr. S.P. Lodhi for the respondent and have gone through the record and proceedings of the case. Mr. S.P. Lodhi for the respondent has referred to me the National Identity Card No. 517-34-004303, issued on 26-12-1973 in favour of the respondent in which his date of birth is mentioned as 1934. Moreover, it is contended by Mr. Lodhi that, even, in the Identity Card No. 2205, issued by the appellant Corporation itself, at the time of…
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