Case Details

Citation(s)
2001 SLG 1525 2001 SLD 1525 2001 PLC 44
Labour Appellate Tribunal, Punjab
Appeal No. MN 16 of 1995/Pb., decision dated: 4-12-1995
MIAN GHULAM AHMAD, CHAIRMAN
Muhammad Arif Chaudhry for Appellant. Nemo

P.R.T.C. through District Manager, Multan

VS

YAQOOB HASHIM

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.25 A & 37(3) Retirement under Golden Hand Shake Scheme Grievance petition Maintainability Employee working as an electrician. was retired after having put in more than twenty five years of service under Golden Hand Shake Scheme Employee filed grievance petition against the retirement alleging that full dues were not paid to him Validity Employee had received all the pensionary benefits and balance amount he allegedly claimed did not really matter much as emoluments for period of only three months remained to be paid Evidence on record had proved that employee had himself wilfully deferred receipt of remaining dues which employer was willing to pay Employee could not be permitted to retrace his steps and withdraw option of retirement under Golden Hand Shake Scheme which he had voluntarily given Grievance petition filed by employee otherwise being barred by time was not maintainable Judgment of Labour Court whereby employee was ordered to be re instated in service on flimsy grounds being unsound was untenable. JUDGMENT Yaqoob Hashim was an electrician, working with Punjab Road Transport Corporation, Inter City Depot, Multan, and was retired from on 21 4 1993, which order he challenged by filing a grievance under section 25 A, Industrial Relations Ordinance; 1969, in the Punjab Labour Court No.9, Multan. His petition was accepted on 3 1 1995 by the Labour Court; his retirement was declared to be unlawful and he was ordered to be reinstated. in service within fifteen days, on return of the pensionary dues that he had received from the management, P.R.T.C. has come up in appeal to this tribunal, assailing the soundness of the decision, dated 3 1 1995 rendered by the learned Labour Court. 2. Respondent had opted for his retirement, after having put in more than 25 years of service, under the Golden Hand Shake Scheme, with effect from 21 4 1993. He took up the plea before the Labour Court that his full dues were not paid to him, and as the retirement could not take effect before payment of his dues in entirety, he would be deemed not to have retired. Presiding Officer of the learned Labour Court, in keeping with…
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