| Case ID |
2d19dfa3-c634-47b0-91c8-c143ade149f5 |
| Body |
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| Case Number |
KAR-138 of 1984 |
| Decision Date |
Oct 21, 1985 |
| Hearing Date |
Oct 21, 1985 |
| Decision |
The appeal filed by Khuda Bakhsh against the retirement order by Karachi Transport Corporation was dismissed. The tribunal upheld the Labour Court's decision, stating that the retirement at the age of 55 was in accordance with the established rules and that the appointing authority had discretion to extend the retirement age up to 60 years. The evidence presented did not prove that the discretion was improperly exercised, and the fitness of the driver was adequately considered in the decision-making process. Therefore, the appeal lacked merit and was dismissed. |
| Summary |
In the case of Khuda Bakhsh vs Karachi Transport Corporation, the Labour Appellate Tribunal addressed the retirement of an employee under the Industrial Relations Ordinance. The primary issue was whether the retirement at the age of 55 years could be challenged in the Labour Court. The tribunal confirmed that the retirement age was established by the Corporation's rules, allowing discretion for extension. The case highlights important aspects of employment law, particularly regarding retirement, discretionary powers of employers, and the fitness of employees for their roles. Key terms include 'superannuation', 'discretionary retirement age', and 'industrial relations'. This case serves as a precedent for similar disputes involving employee retirement and employer discretion under the Industrial Relations Ordinance. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Karachi Transport Corporation
|
| Judges |
ALI NAWAZ BUDHANI
|
| Lawyers |
S. P. Lodhi,
Mir Raza Hussain Hydri
|
| Petitioners |
Khuda Bakhsh
|
| Respondents |
Karachi Transport Corporation, Karachi
|
| Citations |
1986 SLD 2081,
1986 PLC 367
|
| Other Citations |
1980 P L C 180,
1979 P L C 275
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|