JAHANGIR KHAN Versus MANAGING DIRECTOR, KARACHI TRANSPORT CORPORATION, KARACHI

DECISION

This appeal arises from the order of Sindh Labour Court No.1, Karachi, dismissing the grievance petition of the appellant fled under section 25‑A of the I.R.O., 1969.

2. The appellant was working as Superintendent Grade‑16 in the respondent Karachi Transport Corporation. The appellant was retired after the age of sixty years and he was paid Rs.1,09,637.09 as gratuity. The appellant, however, claimed Rs.1,15,112 and his grievance was that he had been paid Rs.5,475 less than the amount due to him. He also claimed certain other dues in lieu of leave pay etc.

3. It was the case of the respondents K.T.C. that the appellant could not invoke the jurisdiction of the Labour Court and application under section 25‑A of the I.R.O., 1969 was not maintainable as he was not a worker but he was an Officer at the time of his retirement performing supervisory duties. It had come in evidence that the appellant could not take part in the Election of the office‑bearers of the union as he was not a worker and could not cast his vote as such.

4. The learned Labour Court. therefore, rightly held that the petition under section 25‑A of the I.R.O., 1969 was not maintainable.

5. It has been argued by the counsel for the appellant that he had started as a clerk and he continued to do the same work even as Superintendent Grade‑16 but there is no denial of the fact that he had lost his right of vote in the Union Elections being an officer of the K.T.C.

6. I can, therefore, find no substance in this appeal which is, accordingly dismissed.

H.B.T./2413/Lb.S Appeal dismissed.