Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---Retirement on attaining age of 60 years---Grievance petition--­Limitation---Employee, aggrieved of his retirement on attaining age of 60 years, instead of serving grievance notice upon employer Bank within three months of his retirement as prescribed under S. 25-A of Industrial Relation Ordinance, 1969, filed a civil suit against his retirement after about four months of his retirement---Plaint filed by employee was returned to employee by Civil Court for lack of jurisdiction---After return of plaint employee gave grievance notice to employer Bank with delay of 472 days and filed his' grievance petition beyond prescribed period of two months---Employee had not pursued his case diligently and bona fidely as firstly, he had approached a wrong forum for redress of his grievance and secondly he failed to comply with procedure as provided under S. 25-A of Industrial Relations Ordinance, 1969---Grievance petition filed by employee was liable to be dismissed on ground of limitation and employee was liable to be retired after attaining age of 60 years especially when employee had himself admitted that he was not maintaining good health. Qazi Zakiuddin for Petitioner. Muhammad Latif Khan for Respondents. Date of hearing: 9th October, 1997. JUDGMENT MRS. KHALIDA RACHID, J. ---Petitioner, Afghan National Bank, 10-The Mall, Peshawar Cantt., through instant petition, has assailed the orders of respondents Nos. 2 and 3 dated 1-11-1994 and 17-12-1995, respectively, and prayed that impugned orders be declared as illegal, without jurisdiction and without lawful authority. 2. The brief facts, emanating this petition, are that Haji Akhtar AE Qazalbash respondent No. 1, was hired in the petitioner-Bank some 37 years ago. On attaining the age of 60 years, he was retired from service vide order dated 13-3-1991. Aggrieved of his retirement, the respondent approached the Civil Court on 20-7-1991. However, the plaint was returned to the respondent on 4-5-1992 for want of jurisdiction. On 28-6-1992, the respondent served the petitioner-Bank with a grievance notice under section 25-A of Industrial Relations Ordinance, 1969.…

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