DECISION These to appeals by the Karachi Port Trust arise from the judgment of fifth Sind Labour Court, Karachi whereby the grievance petitions of the workers for fixation of the date of retirement was allowed according to their Birth Certificates. The learned Advocate for the appellants K.P.T. Mr. Abdul Rehman Butt admits that on merits he has no case as the Birth Certificates have been produced by the workers which are more authentic than the medical opinion. He, however, takes the plea that on receiving the grievance notices replies were made on 16-4-1993 and 6-4-1993. His replies rejected the grievance without mentioning any reasons.
2. The representative for the workers Mr. M.A. Samdani states that the departmental appeals were filed against replies received 'from K.P.T. Within the. No reply in respect of these appeals has been received till this date.
3. The contention of Mr. Abdul Rehman Butt is that grievance notice should have followed and not preceded the departmental Appeals as such the grievance petitions in the Labour Court should have been preferred within the period of to months from the date of communication of the employer in respect of the grievance notice.
4. But in this case the question of premature retirement is a continuing wrong and the worker cannot be deprived of his remedy merely on the question of limitation when the learned counsel for the K.P.T. Conceders that on merit he has no case in view of the previous judgment of the Appellate Tribunal on the very point of limitation.
5. The orders of the Labour Court in both the identical cases are therefore maintained and these to appeals by the K.P.T. Are dismissed.