1990 PLP 196 (PLC)

Khalilur Rehman, Representative for Respondent. Date of hearing: 13th September, 1995. This appeal arises from the order of the Fourth Sindh Labour Court, Karachi whereby the grievance petition of the respondent worker for re instatement was allowed with full back benefits. 2: The respondent was working as Storeman in Pakistan Steel. He remained absent from duty from 13‑12‑1992 to 22‑6‑1993 for 161 days on medical grounds. He was, therefore, directed by the Steel Mills Management to appear before the Medical Board for their medical opinion regarding his ailment. The Medical Board consisting of four eminent doctors certified that Zahid Hussain Storeman was a confirmed case of Hodgkin's Lymphoma, a cancerous condition. He was treated for this from 13‑12‑1992 till 22‑6‑1993 in Baqai Hospital. The doctors further stated that the respondent was suffering from chronic cancerous condition which was non‑curable. The Board accordingly recommended his medical retirement.

3. The appellant Steel Mills by written Memorandum dated 8‑&1993 relieved the respondent of his duties in the Pakistan Steel Mills with immediate effect and for settlement of his dues the Steel Mills decided to allow him expenses for treatment.

4. The appellant continued his treatment and he was afterwards examined by Professor S.H: Manzoor Zaidi of J.P.M.G., Karachi. Prof, Zaidi certified that regarding his treatment the patient had completed six cycles of chemotherapy. His C.T. scan was clear and there was no clinical evidence of glands but he should be regularly followed up.

5. After getting this Certificate the patient filed his grievance petition before the Labour Court claiming cancellation of the order of retirement and re‑instatement in service. The learned Labour Court allowed his petition and directed his re‑instatement with full back benefits. The respondent has admitted in his cross‑examination that it was correct that he was ill and he had appeared before the Medical Board. The Board had recommended his retirement as he was suffering from cancer. That he had been declared fit by Dr. Manzoor of J.P.M.C., therefore, he has asked for re‑instatement.

6. The services of any permanent worker can be terminated under Standing Order 12(3) by an order in writing explicitly stating the reason. In this case the reason given was the Certificate of Medical Board that he was unfit for duty and should be retired as‑he was suffering from incurable disease.

7. The Certificate of Dr. Manzoor does not say that the patient is not suffering from any disease nor does it say that he is fit for duty. It only shows that his treatment is showing response and the C.T. scan is now clear but he is recommended his regular treatment for this condition which is not curable.

8. Mr. Khalilur Rehman for the respondent states that he was given medical expenses' only up to two years he remained in service and on retirement he has not been given any pension. It is strange case of retirement, therefore, the order of re‑instatement is set aside, but it is directed that from date of retirement the respondent after 19 years' service, should be granted proportionate pension by the Steel Mills and they should also continue reasonable expenses for his treatment which has to be carried on for life. The actual amount of pension and expenses of treatment will be calculated by the Finance Department of the Steel Mills and payment shall be made of the expenses from the date the expenses were discontinued, and of the pension from the date of retirement. ' Orders accordingly. H.B.T./2509/Lb.S Order accordingly.