This appeal arises from an. Order, of Fifth Sind Labour Court Karachi rejecting a grievance petition under section 25-A of the I.R.O. Filed by the worker for having been retired at the age of 55 years.
2. It has been argued by Mr. S.P. Lodhi that there is no age retirement fixed for industrial workers and it is left to the wishes of the parties themselves. That, since there is to settlement between employer and the union fixing the age of retirement the workers has; to be continued inservicetill his, death
3. The appellant was working as a waiter Hotel Jabees. That the employers desired that the waiters should be young and smart and not aged persons. They, therefore, introduced the practice of retiring Their employees at the age of 55 years. In the present case also the waiter was born in the year 1939 and he was retired on 16-7-1995 on the ground he had attained the age of 55 years. This has been challenged in the grievance petition and in this appeal.
4. Ordinarily the employer can terminate the; service of the employee under Order 12(3) of the Standing Orders Ordinance, 1968 "y an order in writing giving explicit reasons. If the employer wanted he could instead of retiring, terminate the services of the waiter for having attained the age of 55 years 'and because' he was no' longer young, there is nothing to prevent him from doing 'so under Order 12(3) but in ease of retirement the worker is eligible for all the legal- dues and other, benefits of old-age: It is better than termination. If the workers are aggrieved because of non- fixation of age of retirement they can raise industrial dispute and have the matter settled and the settlement would be binding on the employers and employees and these terms and conditions would be entered in the Collective Agreement as provided under Order 2(a)
5. The appeal is accordingly dismissed