| Case ID |
14931e0e-bfb2-495e-8aae-bab368cb5dd7 |
| Body |
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| Case Number |
Appeals No. KAR-840 to 842 of 1980 |
| Decision Date |
Jan 15, 1981 |
| Hearing Date |
Jan 15, 1981 |
| Decision |
The Labour Appellate Tribunal decided to remand the case back to the Labour Court for further evidence regarding the retirement age of the drivers of the Karachi Transport Corporation. The Tribunal noted that the appellants, previously employed as drivers by the Sind Road Transport Corporation, were retired at the age of 55. However, due to the lack of clarity regarding the applicable retirement rules and the evidence presented, the Tribunal could not make a definitive decision on the matter. The Tribunal emphasized the need for a thorough examination of the service rules and the conditions under which the appellants were employed. The decision also highlighted that the rules from the Sind Road Transport Corporation Service Rules, 1970, were not applicable to the appellants due to their governance under the Industrial and Commercial Employment Ordinance, 1968. The Tribunal directed the Labour Court to allow both parties to present evidence on the relevant retirement rules and make a fresh decision. |
| Summary |
In the case of Muhammad Akram and others vs. Karachi Transport Corporation, the Labour Appellate Tribunal of Sindh addressed the retirement age of drivers who transitioned from the Sind Road Transport Corporation to the Karachi Transport Corporation. The primary legal question revolved around the interpretation of the Sind Road Transport Corporation Service Rules, 1970, and the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The appellants were retired at the age of 55, which was contested based on the contention that the retirement age should be 60 years as per government policy. The Tribunal found that the applicable rules for the appellants were not sufficiently clear and remanded the case back to the Labour Court for further examination of the evidence regarding the retirement age. This case highlights significant issues of employment law and the interpretation of service rules in the context of labor rights and age of retirement. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Karachi Transport Corporation,
Sind Road Transport Corporation
|
| Judges |
Z. A. CHANNA
|
| Lawyers |
Abdul Monem Khan,
Sirajul Haque Qureshi
|
| Petitioners |
2 OTHERS,
MUHAMMAD AKRAM
|
| Respondents |
KARACHI TRANSPORT CORPORATION, KARACHI
|
| Citations |
1981 SLD 2299,
1981 PLC 522
|
| Other Citations |
S. R. J. T. C. v. Hassan Ali Pirzada 1980 P L C 180
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
Sind Road Transport Corporation Service Rules, 1970
|
| Sections |
2(i),
33.1
|