Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 1(4)(d), 2(xxx) & 49(4)(e)---Unfair labour practice by employers---Petition against---Maintainability of petition---Petitioner earlier applied for his premature retirement w.e.f. 29-6-2002 but his said application was rejected by employees due to pendency of a show-cause notice against him---Petitioner, in another application, again modified his date of premature retirement from 30-6-2003, which was accepted and notice of premature retirement effective from 30-6-2003, was issued and his leave encashment for 180 days was withheld by employers, which had been impugned and same was directed to be deducted from the pensionary benefits of petitioner---Petitioner had filed petition against said deduction after his retirement---Employers, instead of submitting reply to petition, opted to file application under S.1(4)(d) of Industrial Relations Ordinance, 2002 for rejection of petition, contending that petitioner after his retirement could not approach Commission for redressal of his grievance, if any---Validity---Petitioner after his retirement being no more a workman, there was no question of any unfair labour practice on part of employers against him or his victimization on account of his trade union activities, which were connected with his service which was no more in the field and a retired employee could not approach National Industrial Relations Commission---Petition filed by petitioner under S.49(4(e) of Industrial Relations Ordinance, 2002, being beyond the jurisdiction of the Commission, was dismissed. 1977 PLC (C.S.) 87 and PLD 1981 SC 172 rel. Ch. Waqar Ahmed for Petitioner. Umer Sharif for Respondents. ORDER SYED AKHTAR NAQI NAQVI (SENIOR MEMBER).---The petitioner is a retired DISTE Pakistan Railways. He had earlier applied for his premature retirement w.e.f. 29-6-2002 through applications, dated 16-1-2002 and 18-5-2002. However, the said applications were rejected by the respondent-establishment through their letter, dated 24-5-2002 due to the prendency of a show-cause notice against him. However, the petitioner through his application, dated 17-1-2003 again modified his date of premature…

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