Law:

Section:

Industrial dispute------ Retirement on attaining age of superannuation ---Employee who was retired from service on attaining age of superannuation i.e. 58 years had claimed that since his appointment order did not mention age of retirement to be 58 years, he had a right to get retirement at age of 60 years or to remain in service till he was physically fit---Employee had been working since long time with employer organisation and he had never claimed or made any protest that his age of retirement was not mentioned in appointment order--­Employee had also never claimed that age of retirement should be clarified or should be fixed at age of attaining 60 years of age---No victimisation had been alleged by employee nor evidence on record had indicated that any injustice had been done to employee---Claim of employee was rejected in circumstances. 1989 PLC 525; 1996 PLC 543; 1993 PLC 866; 1997 PLC 711; 1997 PLC 129; 1974 PLC Note 57 at p. 31; 1981 PLC 766; 1986 PLC 848; 1976 PLC 844; 1980 PLC 716; 1980 PLC 180; 1979 PLC 122; 1992 PLC 761; -1992 PLC 58; 1985 PLC 494; 1985 PLC 1053 and 1998 PLC 573 ref. Fasahat Hussain Rizvi for Appellant. Abdul Ghani Khan for Respondent. Date of hearing: 24th August, 1998. DECISION Appellant Muhammad Ilyas was a permanent worker in the respondent Organisation. On attaining the age of superannuation i.e. 58 years he was retired from service on 12-7-1997. He moved an application for extension in service but the same was rejected. Accordingly he preferred grievance petition in the Labour Court No. VI at Hyderabad, which was dismissed vide order dated 14-1-1998. Hence the present appeal was filed. 2. It is the case of the respondent that it has been a longstanding policy that the workers in the respondent Organisation are retired on attaining the age of 58 years. In exceptional cases the respondent has allowed compliance of service up to the age of 60 years and not beyond. The discretion lies with the General Manager. It is alleged that the policy had been framed strictly in accordance with the provisions of Standing Orders Ordinance. 3. I have heard Mr. Fasahat Hussain Rizvi for the appellant as also Mr. Abdul Ghani Khan for the…

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