ADAMJEE JUTE MILLS LTD. Vs. M.A. KASHEM

JUDGEMENT

(1.) Adamjee Jute Mills Ltd and others seek leave to appeal against the judgment and order dated 14.1.2002 passed by the High Court Division in Writ Petition No.90 of 2001 making the rule absolute declaring that the direction issued by the writ-respondent No. 3 under Memo No. AJM/Pers/1/T-1/2000/200 dated 3.12.2000 directing the writ petitioner to go on retirement with effect from the afternoon of 28.2.2001 has been made/passed without any lawful authority and of no legal effect.

(2.) The respondent No. 1-writ-petitioner filed the writ petition stating, inter alia, that he was appointed as an Imam under the petitioner Mills on 15.9.1975 and is a worker under Public Corporation (Management and Coordination) Ordinance, 1986 as amended by Act 17 of 1994 which in section 2(e) provides that "worker means any person, skilled or unskilled, who works for hire or rewards but does not include a person who is employed in any managerial, administrator or supervisor or solely clerical capacity". In terms of definition of the term 'worker' the respondent is a worker and will retire at the age of 60 as provided in section 14A of Public Corporation (Management and Co-Ordination) Ordinance. His date of birth is 1.3.1944 and his retirement is due on 28.2.2004 but by the impugned Memo the petitioner Mills asked the respondent No. 1 to retire on 28.2.2001 at the age of 57 and hence the writ petition.

(3.) The word worker has been defined in Ordinance No. XL of 1986 as under: