| Case ID |
2cdee8d0-61f6-472e-ad82-3180febbe0c6 |
| Body |
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| Case Number |
Appeals Nos. 84 KAR and 85 KAR of 1998 |
| Decision Date |
Apr 09, 1999 |
| Hearing Date |
|
| Decision |
The appeals were filed by the Afghan National Bank against the order passed by the Labour Court allowing the grievance petitions filed by the respondents. The Tribunal found that the grievance petitions were time-barred, as they were filed beyond the prescribed period following the termination notices issued to the respondents. The Tribunal emphasized that the retirement of the employees upon reaching the age of 60 years was consistent with the established practice of the Bank, and no evidence was presented to support claims of victimization due to union activities. The decision of the Labour Court was set aside, and the appeals were allowed. |
| Summary |
This case revolves around the appeals filed by Afghan National Bank against the decision of the Labour Court regarding the retirement of two employees. The main issues at hand were the time limitations for filing grievance petitions under the Industrial Relations Ordinance, and whether the retirement of employees upon reaching the age of 60 constituted a violation of their rights. The court analyzed past precedents and the established practices within the Bank, ultimately concluding that the grievances were filed too late and that the retirement was lawful based on the existing practices and agreements. This ruling is significant for understanding the application of labor laws concerning retirement and grievance procedures, particularly in the banking sector. Keywords include 'Labour Court', 'grievance petition', 'retirement age', 'Industrial Relations Ordinance', and 'standing orders'. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Messrs AFGHAN NATIONAL BANK PAKISTAN (PVT.) LTD.,
Mst. ROSHAN BUKHARI
|
| Judges |
DR. TANZILUR REHMAN
|
| Lawyers |
Mr. Latif Saghar,
Mr. Mushtaq Shaikh
|
| Petitioners |
,
Mst. ROSHAN BUKHARI
|
| Respondents |
Messrs AFGHAN NATIONAL BANK PAKISTAN (PVT.) LTD. through Managing Director
|
| Citations |
2000 SLD 1674,
2000 PLC 572
|
| Other Citations |
Tariq Mahmood v. Messers Rice Export Corporation of Pakistan Ltd., Karachi 1981 PLC 881,
Fayyaz Ali v. Sindh Labour Court No. V and another 1981 PLC 888,
Ali Afsar Khan v. Messers Hochest (Pakistan) Ltd. 1982 PLC 422,
Sikandar Hayat v. Sindh Labour Appellate Tribunal, Karachi and 2 others 1991 PLC 508,
Messers A.E.G. Telefunken Pakistan (Pvt.) Limited v. Sindh Labour Appellate Tribunal and 2 others 1989 PLC 525,
Service Mess (formerly Services Club), Karachi and others v. Budha Khan and others 1993 PLC 371
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
25 A(2),
25 A(3),
25 A(4),
S.O.12
|