Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 33(3)--Retirement--Respondent establishment retiring appellant on ground that he had attained age of superannuation-­According to National Identity Card, Insurance Policy and Passport of appellant, he had not attained superannuation age at relevant time--Formerly management brought a case of misappropriation of a certain amount against appellant and a case was filed in a criminal Court but charges against him were not proved and he was acquitted-­In spite of acquittal domestic inquiry was conducted against appellant and resultantly he was dismissed on same charge--Appellant was re-instated by order of Labour Court--Held, premature retirement of appellant in said circumstances was nothing but mala fide on part of establishment--Appellant ordered to be retired from date he actually attained age of superannuation and not before, after payment of all legal dues. DECISION This is an appeal filed by the appellant an impugned order, dated 11-3-1986, passed by the Sind Labour Court No. III Karachi, who had dismissed the grievance petition of the appellant under section 25-A, I.R.0.1969. This is an appeal filed by the appellant an impugned order, dated 11-3-1986, passed by the Sind Labour Court No. III Karachi, who had dismissed the grievance petition of the appellant under section 25-A, I.R.0.1969. 2. Brief facts of the case are that the appellant was in service of the respondent industries as Chief Accountant since 1-3-1962 and till his alleged retirement from service, his service record was unblemished and the work was quite satisfactory. As claimed by the appellant a dispute arose between the management and the appellant when he refused to manipulate the accounts of the respondent establishment to enable them to pay less amount of sales tax to the Government, and as such the Directors were annoyed and were inclined to throw him out of employment. On 22-10-1978 the appellant was stopped from entering into the premises and was issued a charge-sheet that he along with one Sabir Hussain had misappropriated the amount of Rs. 31,000.00. Therefore an F.I.R. was lodged with the police against the appellant…

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