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Industrial dispute-- ---Wages beyond superannuation age--Railway employee facing criminal trial and placed under suspension, reaching superannuation age but not retired due to pendency of trial from which he was ultimately acquitted--Labour Court accepting grievance petition, allowed claim for salary and allowances for suspension period--Plea appeal that (i) employee had not worked on account of being under suspension and (ii) he was not retired on account of pendency of criminal trial though he had attained superannuation age, and hence was not entitled to wages for period from which his retirement had become due, repelled--Order of Labour Court was maintained by Appellate Tribunal-- since administration allowed respondent employee to continue in service and did not retire him even though he attained superannuation age he was entitled to wages for such period--Industrial Regulations Ordinance (XXIII of 1969), Ss.25-A & 38(3). JUDGMENT The appeal captioned above emerges from the decision dated 13-4-1986 recorded by learned Presiding Officer, Punjab Labour Court No.3, Lahore at Ferozewala whereby the respondent was directed to be paid salary and allowances for the period he remained under suspension due to the pendency of a criminal case against him from which he was ultimately acquitted. Previously the appeal was accepted on the point of jurisdiction following 1985 P L C 1053 and the grievance petition was directed to be returned to the respondent directing that if the Hon'ble Supreme Court held that the persons who were not in service on the date on which they had brought their grievance petitions are covered by the definition of workman given in section 2(XXVIII) of the Industrial Relations Ordinance, 1909 the decision of the learned lower Court would stand confirmed. The appeal was again taken up on a miscellaneous application on behalf of the appellant on the ground that after the Hon'ble Supreme Court had remanded the cases in which the question whether the persons who were not in service on the date on which they had brought their grievance petitions were not workmen, the High Court held that the applications for challenging the order of removal from…

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