Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Employees Old Age Benefits Act (XIV of 1976), S. 23--Grievance petition--Petition of worker for grant of invalidity of pension under section 23 of Employees' Old Age Benefits Act, 1976--Petition treated by Labour Court under section 25-A of Industrial Relations Ordinance, 1969 and accepted--Matter neither relating to industrial dispute nor it was between employer and employee, Labour Court held, had no jurisdiction in the matter--Decision of Labour Court se£-aside and petition returned for want of jurisdiction. (b) Industrial Relations Ordinance (XXIII of 1989)-- ---Sa. 25-A t 38(3)--Employees Old Age Benefits Act (XIV of 1976), S. 23--Grievance notice--Petition of employee brought under section 23 of Act XIV of 1976 and not under section 25-A of Ordinance XXII' of 1969--No service of grievance notice, held, was necessary. (c) Employees Old-Age Benefits Act (XIV of 1976)-- ---S. 23--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3)--Invalidity pension--Petition for--Competency of petition under section 23 of Act XIV of 1976, held, could be brought even without exhausting remedy of appeal. JUDGMENT This is an appeal directed against the order dated 23-11-1986 recorded by learned Presiding Officer, Punjab Labour Court No.6, Rawalpindi whereby the grievance petition of the respondent for being allowed invalidity pension in accordance with section 23 of the Employees Old-age Benefits Act, 1976 was accepted. 2. The facts are that the respondent was on the basis of the report of the medical board constituted by the employer, declared invalid for service and so was retired. He claimed retirement benefits under section 23 of Employees Old-Age Benefits Act, 1976, Although the petition was under section 23 of the Employees Old-age Benefits Act, 1976, yet the learned lower Court treated the same as a petition under section 25-A of Industrial Relations Ordinance, 1969. It was also held that grievance notice was given since in the written statement non-service of the same was not contended. 3. The appellant did not allow retirement benefits on the ground that the board…

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