| Case ID |
0bb0e8e8-b40c-481a-8e65-736b571a3a35 |
| Body |
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| Case Number |
Constitutional Petitions Nos.D-549 to 551 of 2009 |
| Decision Date |
Nov 12, 2010 |
| Hearing Date |
Oct 27, 2010 |
| Decision |
The High Court ruled that the petitioners, who had opted for the Golden Handshake Scheme, are entitled to benefits calculated based on their last working day emoluments. The Court emphasized that mere acceptance of legal dues does not render petitioners non-aggrieved. It found no reasonable basis for denying ad hoc relief to those who opted for the scheme while it was granted to other employees. It held that compensation and pension under the scheme should include benefits based on gross emoluments, and that the petitioners are entitled to the inclusion of ad hoc relief for the purpose of such benefits. The court disposed of the constitutional petitions accordingly. |
| Summary |
In the case of Muhammad Usman Khan and others vs. National Bank of Pakistan, the Sindh High Court addressed issues relating to the Golden Handshake Scheme (GHS) introduced in 1997. The petitioners, former employees of the bank, sought inclusion of ad hoc relief in their benefits calculation after opting for voluntary separation under the GHS. The Court ruled that benefits must be calculated based on the last working day's emoluments, emphasizing the principle that acceptance of legal dues does not negate a person's aggrieved status. It highlighted the absence of reasonable justification for differential treatment between employees who accepted the GHS and those who remained. The decision reaffirmed that compensation and pension calculations should consider gross emoluments, thus entitling the petitioners to the inclusion of ad hoc relief when applicable. This ruling reinforces the rights of employees under voluntary separation schemes and clarifies the calculation of retirement benefits, making it a significant case for labor law and employee rights. |
| Court |
Sindh High Court
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN
|
| Judges |
SHAHID ANWAR BAJWA,
TUFAIL H. IBRAHIM
|
| Lawyers |
Islam Hussain,
Ch. Muhammad Ashraf Khan
|
| Petitioners |
5 others,
MUHAMMAD USMAN KHAN
|
| Respondents |
NATIONAL BANK OF PAKISTAN
|
| Citations |
2011 SLD 1677 = 2011 PLC 475
|
| Other Citations |
National Bank of Pakistan v. Siddique Akber Civil Petition No.350 of 2003,
Tarachand v. Karachi Water and Sewerage Board, Karachi, 2005 SCMR 499=2005 PLC (C.S.) 368,
Islam Ahmed v. National Bank of Pakistan Constitution Petition No.D-1268 of 2007,
S.M. Tanvir Nusrat v. National Bank of Pakistan Civil Petition No.1261 of 2002,
Rana Abdul Ghafoor v. N.B.P. and 3 others Civil Petition No.3378-L of 2001,
N.B.P. v. Naseem Arif Abbasi and others Civil Petition No.342-K of 2009,
Khyber Zaman v. State Bank of Pakistan and others 2005 SCMR 235,
Board of Trustee of KPT v. Organization of KPT Workers and 2 others 2009 SCMR 994,
General Manager National Radio Telecommunication Corporation, Haripur District Abbotabad v. Muhammad Aslam and 2 others 1992 SCMR 2169
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Art. 199
|