Law:

Section:

(a) Industrial Relations. Ordinance (XXIII of 1969)-- ---S. 25-A---Retirement---Date of birth---Appellant claimed that he had been prematurely retired---Appellant was not given any opportunity to be heard by employer before acting upon alleged new evidence collected by him with regard to age of worker and his retirement---Order of retirement, thus was against principles of natural justice and not sustainable---Order was set aside and appellant reinstated in service---Establishment was directed to retire appellant after ascertaining his age through Medical Board and after hearing him. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Remarks by Labour Court against order of Labour Appellate Tribunal---Remarks were passed by Labour Court to the effect that Labour Appellate Tribunal had come to a particular finding without verifying record--­Held, it was absolutely improper and beyond jurisdiction of Labour Court to hold that its superior authority had arrived at a particular decision without verifying record---Labour Court was advised to refrain from commenting upon order of Tribunal in future. DECISION This is an appeal against the order of the learned Presiding Officer, IVth Sindh Labour Court at Karachi, dated 27-9-1989, whereby the grievance petition of the appellant was dismissed. 2. I have heard Mr. Khalilur Rehman, Representative for the appellant and Mr. Gul Muhammad Soomro, Representative for the respondents and have also gone through the record and proceedings of the case. 3. The appellant was admittedly working as a workman with the respondents. He was first retired on 12-12-1985 on reaching the age of 55 years. This retirement order was challenged in the learned Labour Court. The order was set aside by the Labour Court. While discussing the case, the learned Labour Court came to the conclusion, that Government had fixed retirement age of the employees of Corporation and Autonomous Body as 60 years and as the respondent was a Corporation, the retirement age of the appellant as its employee was 60 years. It was further held that in particular case if the age was calculated from the year 1928 upto December, 1985 it would be less than 60…

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