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Appeal No. KAR‑107 of 1985, heard on 10th February, 1986.

‑‑Ss. 25‑A & 38(3)‑‑Retirement on attaining superannuation age‑ Grievance petition against retirement‑‑Karachi Transport Corporations Driver retired on attaining age of 55 years‑‑Rules of Corporation providing superannuation at age of 55 years with discretion to appointing authority to extend service upto 60 years age‑‑Driver not found fit for extension beyond superannuation age‑‑Plea that discretion in refusing extension was not exercised properly‑‑Driving, held, is a delicate job requiring consideration of not only sharpness or mind but of agility with which body moves‑‑Retirement in circumstances, was not open to exception and order of Labour Court dismissing grievance petition maintained in appeal by Appellate Tribunal.

1980 P L C 180 and 1979 P L C 275 rel.

Abdul Monem Khan for Appellant.

Azmatullah Khan for Respondent.

Date of hearing: 10th February, 1986.

Allah Ditta, Driver of Karachi Transport Corporation has preferred this appeal against an order passed by IVth Sind Labour. Court at Karachi, dated 4‑3‑1985. The facts enunciated in the arguments of the learned representative of the appellant are that Allah Ditta being Driver was in the employment of Karachi Transport Corporation, vide appointment order, dated 29‑9‑1968. He attained the age of 55 years and was retired from service on 16‑9‑1984. This retirement took place in accordance with Rule 19 of the Rules of Road Transport Corporation, Grievance petition was filed to contend the issue that he did not attain the age of 60 years, therefore, his retirement was illegal. He further contended that there is no limit of age for retirement in Labour Laws, therefore, he is entitled to be re‑instated with full back benefits.

2. The plea of the respondent, Karachi Transport Corporation was that the age of retirement was 55 years and it was at the discretion of the Corporation to extend the age upto 60 years either in instalment or at once. It was contended that at the time off his appointment he had not produced any document to prove his date of birth. On the other hand, the appellant had himself admitted that his age was 58 years at the time of his retirement by the respondent Corporation, therefore, he was rightly retired.

3. I have heard the arguments of Mr. Abdul Monem Khan for the appellant and Mr. Azmatullah Khan for the respondent Corporation.

4. Mr. Abdul Monem Khan contended that the exercise of the discretion was not done and the appellant was fit enough to be a Driver for a further period upto 60 years. Further, he contended that the Labour Laws were silent as regards to the age of retirement. To this contention, the respondent Corporation replied that the Corporation has its own Rules. Regulation No.19, which refers to the retirement lays down that the worker is to be retired at the age of 55 years in an ordinary course, but the appointing authority has a discretion to extend the period of service upto the age of 60 years if it was desirable. In clause (4) of the contract of appointment, it is laid down that the employees would be governed by the General Rules and the instructions are issued or framed from time to time, as adopted or approved by the Road Transport Corporation. The appellant was bound by the said clause and was duly retired as per Regulation No. 19.

5. It was contended by Mr. Abdul Monem Khan that the discretion was not used properly. In the matters of discretion, the fitness of a Driver is to be considered and his general health is got to be considered. Driving is a delicate job, where not only the sharpness of mind but the agility with which his body moves is to be considered. The management did not find the fitness of Driver, Allah Ditta, hence, he was retired.

6. The reference is made to 1980 P L C 180, wherein it was observed that, "it is plain enough that the plea taken by the Karachi Transport Corporation was supported by Regulation No. 19 which fixes the age of retirement on 55 years and the appointing authority had a discretion to extend the age upto 60 years in instalment or at once and, therefore, the retirement of a worker was not open to any exception." Another authority is relied upon by the Corporation and is apt and is reported in 1979 P L C at page 275, wherein it was held as under: ‑

"The basic question to be determined in this case is whether retirement of a workman on the basis of superannuation can be made a subject of adjudication in the Labour Court. I am of the view that retirement on the basis of superannuation has not been statutorily secured in regard to any definite age. The industrial managements have been left to their discretrion to fix any age to be the superannuation age and if the retirement has been made according to that age then it is not challengeable under section 25‑A of the I.R.O. 1969, or under any provision of West Paksitan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 because neither of the two enactments contain any provision fixing the age of retirement of an industrial worker and securing the right of superannuation in some comprehensive sense of the term under section 25‑A, I.R.O.; a worker may bring his grievance to the. Labour Court in respect of a right guaranteed or secured by or under any law or any award or settlement for the time being in force and not in regard to any other right whatsoever by way of equitable justice or by analogy of the general rules of retirement observed in the field of public service. Accordingly, I hold that the Court has no jurisdiction to go into the case of a retirement of the petitioner directed by the respondent management on the basis of superannuation."

7. In view of the Law and the facts, I find that the appellant, Allah Ditta has no case in appeal. The appeal is, therefore, dismissed.

A. E.

Appeal dismissed.

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