| Case ID |
058203c1-0e19-40a9-8bf8-69782eb2856f |
| Body |
View case body. Login to View |
| Case Number |
D-135 and D-286 of 2007 |
| Decision Date |
Jun 26, 2010 |
| Hearing Date |
May 05, 2010 |
| Decision |
The High Court dismissed the constitutional petitions filed by the petitioners who were former employees of the Industrial Development Bank of Pakistan. The court ruled that the petitioners had opted for separation under the Voluntary Separation Scheme of 2005 and were adequately compensated as per the terms of that scheme. The court determined that the benefits provided under the 1997 scheme were materially different from those under the 2005 scheme and that the management's decision regarding benefits was based on commercial considerations, which the court could not interfere with. The court emphasized that the petitioners received full payment under the 2005 scheme and could not claim additional benefits from the 1997 scheme. The final decision upheld the principle of reasonable classification in pension schemes, reinforcing that employees who opted for different schemes could be treated differently under the law. |
| Summary |
This case revolves around the constitutional petitions filed by former employees of the Industrial Development Bank of Pakistan who sought further benefits after opting for voluntary separation under the 2005 scheme. The court examined the differences between the 1997 and 2005 schemes, focusing on the pension, benevolent fund, and medical facilities provided. The ruling highlighted the importance of understanding employee rights under different schemes and the legal implications of opting for benefits. The court concluded that the petitioners were not entitled to additional benefits due to their acceptance of the terms of the 2005 scheme. This case underscores the legal complexities surrounding employee benefits and the judicial interpretation of pension rights, making it significant for legal practitioners and employees in similar situations. |
| Court |
Sindh High Court
|
| Entities Involved |
Habib Bank Limited,
Industrial Development Bank of Pakistan
|
| Judges |
Gulzar Ahmed,
Shahid Anwar Bajwa
|
| Lawyers |
Abdul Mujeeb Pirzada,
Zamir Ghumro,
Abubakar A.I. Chundrigar
|
| Petitioners |
others,
Tahir Ahmed
|
| Respondents |
others,
Naeem Iqbal
|
| Citations |
2010 SLD 3224 = 2010 PLC 1233
|
| Other Citations |
Province of Sindh through Chief Secretary Sindh, Karachi and 4 others v. Gul Muhammad Hajano 2003 SCMR 325,
Imdad Magsi and others v. Karachi Water and Sewerage Board and others PLD 2002 SC 728=2002 PLC (C.S.) 1361,
I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041,
State Bank of Pakistan v. Khyber Zaman and other, 2004 PLC (C.S.) 1213,
Syed Nasim Ahmed Shah and others v. State Bank of Pakistan and others C.P. No.D-1708 of 2008,
New Jubilee Insurance Employees Union v. SLAT Karachi and another 1982 PLC 1012,
United Bank Limited v. Shahmim Ahmed Khan and 41 others. PLD 1999 SC 990
|
| Laws Involved |
Consumer Protection Act, 1986,
Constitution of Pakistan (1973)
|
| Sections |
199,
199
|