Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)Ss.25 A & 37(3) Retirement on attaining age of superannuation Grievance petition of employee against retirement on attaining the age of superannuation alleging that at the time of his appointment no Rules of service as to age of retirement existed and no retirement age was fixed Employer framed rules/bye laws during course of employment, fixing age of retirement as fifty eight years or completion of twenty five years of service whichever was earlier and employee did agree to be governed by said rules/bye laws and put his signatures thereon Said rules/bye laws fixing age of retirement having been consented to by the employee he could not challenge his retirement made on attaining agreed age of superannuation. 1991 SCMR 2087; A.E.G. Telefunken Pakistan (Pvt.) Limited v. Sindh Labour Appellate Tribunal and 2 others 1989 PLC 525 and Services Mess (formerly Services Club), Karachi and others v. Budha Khan and others 1993 PLC 371 ref. Muhammad Nishat Warsi for the Workers. Muhammad Ali Mazhar for the Management. Date of hearing: 20th October, 1999. JUDGMENT These are three Appeals bearing Nos. 149, 150 and also a cross Appeal No 157 of 1998. The first two appeals have been filed by Mujaeebur Rehman (hereinafter referred to as the worker) whereas the third appeal has been filed by the management. 2. Although the facts of the first two appeals are similar, yet it needs to be mentioned that the first case was filed by the appellant only on the receipt of a letter, dated 8 4 1992 (Annexure R/1 at page 59 of Grievance Application No.47 of 1993).. In furtherance of the said letter, the appellant was retired by letter, dated 12 8 1992 retiring the appellant w.e.f. 15 8 1992. Bye law No.10 of the Staff Bye Laws stipulates for retirement from service, which is reproduced as under: "(10)Retirement: (i) An employee shall be retired from service on attaining the age of fifty eight years or after completing twenty five years of his/her active qualified service, whichever occurs first, provided that in suitable cases the Authority at his discretion may extend the period of service for three years or more, but not more than a year…

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