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1984 PLC 449

GHULAM KHAN vs PUNJAB ROAD TRANSPORT BOARD

Citation1984 PLC 449
CourtLabour Appellate Tribunal
Case No.Appeal No, R 1./582 of 1982
Date1984-01-30
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultAppeal dismissed

' This appeal arises from the decision, dated 22nd September, 1982 passed by the learned Presiding Officer, Punjab Labour Court No, 6, Rawalpindi, dismissing the grievance petition of the appellant for his re-instatement in service..

2. The appellant was retired on 5th May, 1980. He alleges that his age was 58 years at the time of retirement, whereas the age of superannuation was 60 years as he was appointed as Government Servant. The grievance petition has been rightly dismissed but the reasons given by the learned lower Court are not sufficient and justified. The age of superannuation is in reality 60 years but the appellant had completed it well before he was retired. It has been held in 1978 PLC 449 that the age of superannuation of subordinate staff of P.R.T.B. Is 60 years according to rule 33.6. Apart from it in 1977 rule 33.1 of 1959 Rules was amended adapting the notification of the Government according to which, the age of retirement for Government Servant had been fixed at 60 years. In June, 1980 the Board only took notice of regulation 19 of the Regulations of 1965 but did not amend rule 33.1 of 1959 Rules, so the said rule remained intact. In Exh. R-1 the age of the appellant is given as 32 years. The appellant admitted that he had filled in Exh. R-1 A at the time of entering into service and that he had joined service on 14th February, 1951. So, he completed the age of 60 years on 14th February, 1979. He was retired on 5th May, 1980 so has no case.

3. The grievance notice is time-barred also. He was retired on 5th May, 1980. He gave grievance notice on 13th November, 1980. It is time-barred by more than three months.

4. As a result, the appeal has no force and is dismissed.

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