Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 2(xxvii), 25-A & 36--"Workman" and "supervisor"--Meaning--Whether an employee a workman or Supervisor--Determination of--Grievance petition of employee resisted on plea that he was a supervisor and not a workman--Assertion of employee that he was performing clerical job alongwith other clerks--Such assertion not rebutted--Suggestion that he was supervising work of labour for shifting and sorting--No evidence produced, oral or documentary, to show that employee was a supervisor--Non-production of record in possession of employer, held, would raise presumption against employer--Mere fact that employee alongwith his clerical job was also supervising work of labour would not make him a Supervisor. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.12(1)--Industrial dispute--Retirement--Meaning--Termination of service on reaching retirement age--No age of retirement fixed under rules of establishment--Permanent workman retired at the age of 61 years--Retirement, held, amounted to termination otherwise than for misconduct in terms of S.O.12(1) needing one month's notice or pay in lieu thereof. DECISION This appeal is directed against an order, dated 14-12-1987, passed by learned Presiding Officer, Sind Labour Court No. V, Karachi, dismissing the grievance petition bearing No. 72/87 filed by the appellant under section 25-A, I.R.O. 1969. The facts of the case leading to this appeal are that the appellant was admittedly employee of the respondents as workman for 39 years when he was retired by the respondents, vide order, dated 26-3-1987. The appellant aggrieved by this order filed the grievance petition before the learned Labour Court alleging therein that he had been victimised because of his trade union activities and, therefore, had been prematurely retired at the age of 59 years while some workers had served the respondents even upto the age of 75 years. The respondents, in written statement, admitted that there were no hard and fast rules in respect of retirement of the employees, but, had denied that they had victimised the appellant because of…

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