DECISION ' Heard Mr. M. Latif Saghar for the appellant.
' This appeal is directed against the order of Fourth Sindh Labour Court. Karachi allowing the grievance petition of the respondent and directing the reinstatement in service with full back benefits.
2. The facts are that respondent Shahnaz Perveen was appointed as packing girl by the company in May, 1969. At the time of, appointment she is said to be 14 years old. When she attained the age of 40 years she received an order of retirement which was on completion of 25 year of service. She objected to this early retirement and filed her grievance petition before the Labour Court. The Labour Court found that it was not a term and condition of service that she would stand retired after completion of 25 years of service. Ordinarily she can continue up to 60 years as there was no settlement under which she had agreed to retire on completion of 25 years of service.
3. It has been argued by Mr. M. Latif Saghar that Board of Directors had introduced this system of retirement, from the year 1975 but the respondent had joined service in the year 1969 and that subsequent condition introduced by the Board of Directors would not be applicable to her. Her consent had not been taken to this new term of employment. If the company wants these terms to be applicable to all the employees irrespective of their dates of appointment they should obtain consent of all the existing workers to such terms and conditions of employment. Under the ordinary rules of Service retirement on completion of 25 years of service is considered to be punishment.
The respondent could not now be taken by surprise and retired without notice.
4. The order of the Labour Court, therefore, appears to be reasonable and proper and there is no ground for interference. This appeal is, therefore, dismissed in limine.