| Case ID |
26166fa7-ff8c-4f88-ab6e-415529eb1341 |
| Body |
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| Case Number |
C.M.A. No.634-K of 2005 (in Civil Review Petition |
| Decision Date |
|
| Hearing Date |
Sep 27, 2005 |
| Decision |
The Court directed that notice be issued to the respondent management to enter appearance and assist the Court. The petitioner contended that he was induced to opt for retirement under the Voluntary Retirement Scheme but later sought reinstatement before availing any benefits. The management's refusal to accept his option, while allowing others to withdraw their options, was deemed illegal. The Court's decision emphasizes the importance of fair treatment in employment and the rights of employees to retract retirement options when not fully availed. |
| Summary |
In the case concerning Abdul Rehman versus Pakistan Steel Mills Corporation, the Supreme Court of Pakistan addressed issues surrounding the Voluntary Retirement Scheme under Article 212(3) of the Constitution of Pakistan (1973). The petitioner contended that he had initially opted for retirement but later retracted his decision before receiving any retirement benefits. The management's refusal to accept his withdrawal, while allowing similar requests from other employees, raised questions about fairness and legality in employment practices. The Court ordered the respondent management to appear and assist in the proceedings, highlighting the principles of equity and justice in employment law. This case underscores the significance of protecting employee rights and ensuring that employers adhere to agreed-upon terms, particularly in voluntary retirement situations. The decision is pivotal for understanding the legal framework governing civil service retirements in Pakistan, and it sets a precedent for future cases involving employee rights and management obligations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Steel Mills Corporation
|
| Judges |
RANA BHAGWANDAS,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
Muhammad Muzaffar-ul-Haque, Advocate Supreme Court,
Miss Wajahat Naz, Advocate-on-Record
|
| Petitioners |
ABDUL REHMAN
|
| Respondents |
others,
PAKISTAN STEEL MILLS CORPORATION
|
| Citations |
2007 SLD 1524,
2007 SCMR 1923
|
| Other Citations |
12-2-2004 passed in Appeals Nos.959 and 960(K)(C.E.) of 2002 re: Sir Gul Khan and another v. Chairman, Pakistan Steel Mills, Karachi
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3)
|