Case Details

Citation(s)
1992 SLG 1154 1992 SLD 1154 1992 PLC 1173
Labour Appellate Tribunal, Sindh
Appeal No. KAR-124 of 1990, decided on 26th August, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL

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1992 P L C 1173 MUHAMMAD BASHIR PATHAN

VS

KARACHI TRANSPORT CORPORATION and another 1992 P L C 1173 MUHAMMAD BASHIR PATHAN vs KARACHI TRANSPORT CORPORATION and another

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Retirement---Competent authority has to exercise option and decide further usefulness of employee just before he completes twenty-five years' service or fifty-five years of age and retire him from service if it so decides as soon as twenty-five years of service or fifty-five years of age are completed ---Authority exercised this option in respect of his employee after completing thirty-two years of service and retired him---Retirement of employee, held, was not in accordance with law. (b) Karachi Transport Corporation Rules--- ----R.22.1---Rule 22.1 of Karachi Transport Corporation, held, was punitive in nature as it took away job from an employee and therefore was to be construed strictly. Ch. Muhammad Ashraf Khan for Appellant. Gul Muhammad Soomro, Representative for Respondents. Date of hearing: 26th August, 1990. DECISION This is an appeal against the order dated 14-4-1990, passed by the learned Presiding Officer, Sindh Labour Court No.1, Karachi, whereby the grievance application of the appellant was dismissed. 2. I have heard Mr. Ch. Muhammad Ashraf Khan, learned Advocate for the appellant and Mr. Gul Muhammad Soomro, learned counsel for the respondents and have also gone through the record and proceedings of the case. 3. The brief facts of the case are that the appellant was retired on 27-8-1988 on the ground that he had completed 32 years of service. Mr. Gul Muhammad Soomro had relied upon Rule 22.1 of the K.T.C. Rules under which the age of superannuation is 60 years but the competent authority has been given the power "to review the case of Corporation's employee when he is about to complete twenty-five years of service or when he is about to complete fifty years of age whichever is earlier in order to satisfy itself of that person's further usefulness to the corporation and if the competent authority is not so…
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