| Case ID |
395d4d55-5db2-449a-8f58-f7e19d75a2b5 |
| Body |
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| Case Number |
W.P. No. 3484 of 1992 |
| Decision Date |
Apr 26, 1992 |
| Hearing Date |
Apr 22, 1992 |
| Decision |
The Lahore High Court dismissed the petition filed by the Kaka Khel Labour and Staff Union. The petition sought to delay the privatization of Kaka Khel Industries until all dues were paid to employees opting for a golden handshake. The court held that the previous Supreme Court ruling deemed the agreement regarding employee dues unenforceable, thus rendering the petitioner's request futile. The court acknowledged the assurances given by the Privatisation Commission regarding the safeguarding of employee interests but emphasized that the clause sought for implementation had lost its significance. As a result, the petition was dismissed without further action. |
| Summary |
This case revolves around the privatization of Kaka Khel Industries and the concerns raised by the Kaka Khel Labour and Staff Union regarding the payment of dues to employees opting for a golden handshake. The Lahore High Court evaluated the implications of a previous Supreme Court decision that deemed the relevant agreement unenforceable. This decision highlighted the importance of employee rights during privatization processes, particularly in safeguarding their financial interests post-sale. The court's ruling underscored the need for clear and enforceable agreements to protect workers in privatization scenarios, thereby setting a precedent for future cases. The case illustrates the complexities involved in privatization and the legal obligations of governing bodies to uphold employee rights. Keywords such as 'privatization', 'employee rights', 'Lahore High Court', and 'legal framework' are essential for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
FEDERATION OF PAKISTAN,
KAKA KHEL LABOUR AND STAFF UNION,
KAKA KHEL INDUSTRIES,
Privatisation Commission
|
| Judges |
MANZOOR HUSSAIN SIAL,
SAJJAD AHMED SIPRA
|
| Lawyers |
Dr. A. Basit,
Faqir Muhammad Khokar,
Muhammad Saleem Saigol,
Asad Ullah Siddiqui
|
| Petitioners |
KAKA KHEL LABOUR AND STAFF UNION (KAKA KHEL INDUSTRIES)
|
| Respondents |
FEDERATION OF PAKISTAN,
Respondent No. 3,
Respondent No. 1,
Respondent No. 2
|
| Citations |
1993 SLD 1506,
1993 PLC 783
|
| Other Citations |
Millat Tractors Employees Trust v. Government of Pakistan etc. C.P.S.L.A. No. 1069/L of 1991
|
| Laws Involved |
Transfer of Managed Establishments Order
|
| Sections |
12 of 1978,
Art.4 [as re-constituted by Transfer of Managed Establishments (Second Amendment) Ordinance (XXXIII of 1991),
Constitution of Pakistan (1973), Art.199
|