Law:

Section:

Karachi Dock Workers (Regulations of Employment) Scheme, 1973--- ----Cl. 8, Entry (f) (as amended by Notification S.R.O. 39(KE), dated (11-2­ 1987)---Workmen were retired from service after attaining age of 60 years, not only by resolution passed by Board in accordance with settlement entered into between Board and Collective Bargaining Agent which provided for retirement of dock workers at age of 60 years, but were retired after introduction of amendment in Scheme which had vested Board with power to fix age of superannuation of registered dock workers---Workmen having been retired by Board exercising powers vested in it through amendment in Scheme it could not be said that Board had acted without lawful authority. Karachi Dock Labour Board v. Province of Sindh and another PLD 1977 Kar. 361 and Vera and others v. Messrs Kazi and Kazi Ltd. and others PLD 1990 SC 435 ref. Haji Ameer Ahmed for Petitioner Obaidur Rehman for Respondent. Date of hearing: 10th April, 1991. JUDGMENT MAMOON KAZI, J.---By this judgment we propose to dispose of C.P. Nos. 210 of 1990 and 126 of 1990 as common questions of law are involved therein: The petitioners in the two petitions had been employed as dock workers. In the case of Narain s/o Pana he was retired from service after attaining the age of 60 years in August, 1987, vide resolution B.R. No. 31/87 passed by the Karachi Dock Labour Board which provided as follows:- "B.R.No. 31": The agreement on all demands, reached between the KDLB Negotiation Committee and the CBA of the dock workers, with reference to the Charter of Demands submitted by CBA, was approved by the Board. A copy of Memorandum of Settlement is attached as annexure "A" to the minutes:' It may be point out the settlement entered into between the Board and the C.B-A. dated 9-4-1987 provided for retirement of dock workers at the age of 60 years. So far as the case of Petitioner Char Shambay is concerned, the Petitioner was given notice of retirement dated 13-2-1990, which proposed to retire him from service with effect from 16-3-1990, after his attaining the age of 60 years. Although the said notice referred to the same resolution of the dock workers, but Mr. Obaidur…

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