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Retirement From Service is Compulsory PLJ 2019 SC 521

PLJ 2019 SC 521 Compulsory Retirement From Service

PLJ 2019 SC 521 Compulsory Retirement From Service, Constitution of Pakistan, 1973—Art. 212(3)–Respondent was working as officer Grade-II Manger–Allegation of–Issuance of show cause notice–Regular inquiry was conducted–Inquiry report–Compulsory retirement from service–Filling of grievance petition–Allowed–Appeal–Allowed–Filling of writ petition–Dismissed–Civil petition–Allowed and remanded writ petition to High Court for decision a fresh–Writ petition was allowed and matter was remanded to tribunal–Jurisdiction–Challenge to–Where this Court, while remanding matter to High Court, has directed to decide matter afresh, perhaps such direction of this Court did not provide enough room to High Court to further remand matter to Tribunal for deciding same on merits–In our view, in terms of order passed by this Court, High Court ought to have decided case afresh not only on point of jurisdiction but also on merits–Very evidence which respondent recorded before Labour Court, as read by us, did not refer to any function of respondent that could be considered to be mainly of manual or clerical nature rather functions which he performed and also stated in his evidence were of OG-II and Manager of branch and those were mainly of managerial and supervisory nature and under no circumstance could they be considered to be that of a ‘workman’–Labour Court did not have jurisdiction in matter, thus, Tribunal also lacked jurisdiction to deal with matter and, therefore, very exercise of remanding case to Tribunal for deciding same on merits will be a futile exercise–We are of considered view that impugned judgment was not in consonance with evidence available on record, law pronounced by this Court and other legal provisions cited above, thus same is not sustainable–Appeal was allowed.

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