Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ----Ss. 25-A & 39---Retirement on attaining age of superannuation--­Settlement---Binding effect of---Employee was retired from service on attaining age of superannuation of sixty years---Age of superannuation having been determined in a settlement arrived at between employer and Collective Bargaining Agent of the employer Company which was binding on all parties, employee could not get out of it and could not challenge his retirement--­Worker could not be allowed to continue working as of right if he was disabled on account of age or infirmity. DECISION This appeal arises from order of the Second Sindh Labour v Court, Karachi whereby the grievance application of the respondent worker for re­instatement was allowed on the ground that in the absence of terms and conditions of service regarding age of superannuation fixed prior to the appointment any subsequent fixation was not binding and the worker to continue to work until he was prevented from working by an act of God. The facts in brief are that applicant Muhammad Yousuf was appointed by the appellant company as a peon on 1-9-1950. He was then promoted as petty cashier on 1-4-1981. On attaining the age of superannuation of 60 years he was retired. He sent a grievance notice that he cannot be retired as this was not mentioned in his order of appointment. He was given a reply that this age of retirement was according to the settlement between the management and the Collective Bargaining Agent dated 29-5-1984 and this was binding on the workers as well as the management. The learned Labour Court agreed with the view that age of superannuation fixed subsequent to the appointment would not have retrospective effect and relying on various decisions ordered re-instatement of the worker with full back benefits. The management has accordingly appealed. 3. The learned Advocate for the management has drawn…

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