Law:

Section:

Keywords: Service Rules, Notice, Commission, Recovery, Government, Contract, Pension, Finance, Change, Proceedings, Retirement, Order, Conditions, Consent, Retirement, Binding, Notices, Petition, Parties, Publication, Conditions Of Service, Labour Court, Written Arguments, Terms And Conditions, Gratuity, Contributory, Consideration, Provident Fund, Terms And Conditions Of Service, Petitioner, Pension, Family Pension DECISION (RTD) AHMED ALI U. QURESHI, J:- This is an Revision application under section 38(3a) of I.R.O., 1969, against the order, dated 20.5.1985 passed by learned Presiding Officer, Sind Labour Court No.VI at Hyderabad whereby he dismissed the petitions under section 51 of I.R.O. 1969, filed by Rafee Mohammad and Abdul Hakeem. Rafee Mohammad has not persued the matter any further whereas Abdul Hakeem filed this Revision Application on 29-7.1985. It appears that this Revision application was not brought to the notice of my learned predecessor and was kept pending till it was brought to my notice when notices were issued to the parties. It transpired that Abdul Hakeem had also died in the meantime. As such by order, dated 12.9.1989, the were ordered to be joined as parties and 'Amended Application' was filed on 21.11.1989. 2. Both the learned counsel of the parties have filed 'Written Arguments' which I have perused. I have also gone through the record and proceedings of the case. 3. Admittedly deceased applicant Abdul Hakeem was 'Jamadar Guard' of the National Bank of Pakistan at Hyderabad. He was retired on 12.2.1983 on reaching the age of superannuation. On his retirement he was allowed only Provident Fund but was denied the benefits of pension gratuity which were payable to him under the Wage Commission Award of 1975. He therefore filed petition for recovery of Rs.28,140/-. 4. The respondents resisted the petition on the ground that in pursuance of the 'Press Note' dated 8.7.1975, Issued by Government of Pakistan Ministry of Finance, the applicant asked to 'opt' for either 'Old Retirement Benefits' or 'New Retirement Benefits' under the Wage Commission Award. The applicant exercised the option by opting for 'Old Retirement Benefit Rule' under…

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