DECISION This appeal of Opal Laboratories Pharmaceutical Company is directed against the judgment of Fourth Sind Labour Court, Karachi allowing the grievance petition of worker Naeema Begum for reinstatement and back benefits.
2. Naeema Begum worked as a Packer since 1964. She was made Incharge of the Packing Department. In the year 1975 the appellant Company by a resolution fixed the age of retirement for lady workers at 50 years. The respondent was retired from service by an order dated 21-10-1991 when she was 52 years of age. After serving grievance notice on the employers she filed grievance petition before the Labour Court which was allowed. The Labour Court held that the grievance notice sent by registered post was in the and the petition was not the-barred. That the petitioner was a worker and not an officer. That the resolution fixing the age of retirement was unilaterally affecting the terms and conditions of the respondent. That the resolution could not apply retrospectively to the workers who were already in service. That there was no age of retirement fixed at the the the respondent was recruited and she could work as long as she was able to do so without any physical handicap. She was accordingly ordered to be reinstated in service with back benefits.
3. It has been rightly held that the service of the grievance notice will be the date of delivery of the registered letter and not the date typed on a letter and from the date of service the petition was filed within the.
4. The respondent was a Packer and she continued to work as a Packer and if incidentally she was made Incharge of the Packing Department that does not make her an officer and a non-worker.
5. Since there was no fixed age of retirement at the the of recruitment of the respondent, the age fixed subsequently could only apply to her if she consented to it. There was, however, no such settlement regarding fixation of age, therefore, as held by the Sind High Court she could continue to work as long as she was capable physically to continue to do the same job.
6. I, therefore, find no merit in this appeal which is accordingly dismissed in limine.