1992 PLP 557 (PLC)

Javed Altaf and Abdul Rashid Randhawa for Respondent. The petitioner seeks a direction to the respondent and other connected persons not to victimise him by way of removal from service and allow duty and also draw salary to him on the ground that he is employed as Circulation Assistant in the Progressive Papers Limited, Lahore and performs manual, technical, skilled and clerical duties with no administrative and supervisory powers and that he is a workman under the IRO. It is also alleged that he is the Office Secretary of P.P.L. Workers Union (registered CBA) and, also worked as Secretary, Acting General Secretary of the said union and takes part in the formation and promotion of the Union. It is also alleged that he cannot be removed from his service till he attains the age of superannuation and that the age of superannuation is 60 years and that he will attain the age of superannuation i.e. 60 years on 3-9-1994. It is also submitted that on 22-3-1991 at about 12 Noon the respondent called the petitioner in his office and asked him in the presence of S. Asad Abbad, Secretary CBA Union to leave the union and not to take part in its activities which he refused and threats of dire consequences were given including removal from service and that all is being done on account of his lawful trade union activities.

2. On the other hand the case of the respondent is that the petitioner has been retired from service on 31-12-1983 of the Progressive Papers Limited after completion of thirty years service in accordance with the pension rules of the Organisation and he is in receipt of the pension from the said Organisation since the said date. He was serving under a contract of employment entered between him and Progressive Papers Ltd. and after the retirement the said contract of service is not enforceable.

3. Arguments have been heard on both sides.

4. The document Office Order No.PPL/GM/86, dated 12-7-1986 is the document whereby the service contract of the petitioner was extended for the post of Circulation Assistant PPL, Lahore till he attains the age of superannuation provided his work and conduct remain satisfactory on the existing terms and conditions. The document is (Mark B). The important document on the record is Office Order No.PPL/CE/78, dated 6-6-1978 which is a decision of the management circulated to all heads of the department of the Progressive Papers Limited under the signatures of the Chief Executive. This office order is to the effect that the management has decided that employees of the Progressive Papers Ltd. will be retired from service at the age of 60 years and not after thirty years service. On completion of 25 years service, however, each incumbent will invariably will go an annual medical check up. An annual confidential report as regards evaluation of his performance and conduct will also be a must before release of annual increments in all such cases after 25 years service.

5. The Matriculation Certificate No.10156 of R.No.14522 of the University of the Punjab of the Session 1951 certifies that Ghulam Mohyuddin son of M. Taj Uddin passed the matriculation examination and that his date of birth was 4-9-1934.

6. Nothing is in rebutal of these documents. As such the petitioner has the right to remain in service till the attainment of the age of superannuation 13 which falls on 3-9-1994. The petitioner is an officer of the PPL Workers Union? which is CBA as per appointment letter dated 11-4-1991 issued under the signatures of Mr. Salahuddin Butt (Mark C) General Secretary of the Union. Specific instance of calling the petitioner in the office of the respondent by the respondent on 22-3-1991 in presence of S. Asad Abbad, Secretary, CBA to leave union and not to take part in its activities and refusal of the petitioner to do so and therefore issuance of the threats of dire consequences including removal of the petitioner from service also give a feeling that the order dated 22-3-1991 relieving the petitioner from his contractual assignment is not only premature but also an act of unfair labour practice in the light of section 15(l) (d) of the IRO, 1969. The petitioner has thus proved his case as alleged by him and as such the petition as well as the stay application are allowed with costs of Rs. 5,

000. The order of relieving the petitioner on 22-3-1991 is also set aside and the petitioner shall be treated as on duty without any interruption and shall be paid his wages and allowances for the period not so far paid and he shall remain employed till 3-9-1994. H.B.T./181/N.I.R.C. ?????????????????????????????????????????????????????????????????????????? Application allowed.