| Citation(s) |
|---|
| 2000 SLG 1674 2000 SLD 1674 2000 PLC 572 |
Labour Appellate Tribunal, Sindh
Appeals Nos. 84 KAR and 85 KAR of 1998, decision dated: 9-04-1999
DR. TANZILUR REHMAN, CHAIRMAN
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Appeals Nos. 84 KAR and 85 KAR of 1998, decision dated: 9-04-1999
DR. TANZILUR REHMAN, CHAIRMAN
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Messrs AFGHAN NATIONAL BANK PAKISTAN (PVT.) LTD. through Managing Director
VS
Mst. ROSHAN BUKHARI and another
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)- S. 25 A(2)(3)(4) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12 Retirement on attaining age of superannuation Grievance petition Limitation Grievance petition against retirement from service which was to be filed within prescribed period of two and half months from date of service of grievance notice on employer, was filed by employees seven clays after expiry of said period Employees had contended that grievance petitions filed within two months from receipt of communication in reply to their grievance notice from employer was within time Validity Even if reply to grievance notice of employee had not been communicated by employer within period as prescribed in said subsections (2)(3) of S.25 A of Industrial Relations Ordinance, 1969, but was communicated after expiry of said period, grievance petition filed by employees after expiry of prescribed period of two and half months from date of service of grievance notice on employer, was barred by time and was liable to be dismissed on that ground. Tariq Mahmood v. Messers Rice Export Corporation of Pakistan Ltd., Karachi 1981 PLC 881; Fayyaz Ali v. Sindh Labour Court No. V and another 1981 PLC 888 and Ali Afsar Khan v. Messers Hochest (Pakistan) Ltd. 1982 PLC 422 ref. (b) Industrial Relations Ordinance (XXIII of 1969) S. 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12 Retirement on attaining age of superannuation Employees were retired from service honourably on attaining age of superannuation Employees neither had alleged that they had not crossed superannuation age nor could prove that they had been victimised for their trade union activities Employees were retired on grounds firstly, that there had been a constant practice of employer Bank since its inception to retire its employees on attaining age of sixty years and secondly that settlement was arrived at between employer Bank and Collective Bargaining Agent thereof in that respect Retirement of employees, after having attained age of sixty years, was not questionable, in circumstances. Sikandar…
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