| Case ID |
425fd7c3-552f-4dd7-b4d8-9c2d65424b99 |
| Body |
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| Case Number |
D-1799 of 2006 |
| Decision Date |
Jan 29, 2011 |
| Hearing Date |
Dec 01, 2010 |
| Decision |
The Sindh High Court ruled in favor of the petitioner, GULREZ LATIF BUTT, holding that he was entitled to benefits accrued from his employment under the Voluntary Separation Scheme (VSS) until his actual separation date of 30-09-2003. The court emphasized that since the petitioner was still an employee at the time of the company's meeting, which revised pay scales effective from 01-07-2002, he was entitled to the benefits of this revision. The court directed the company to calculate and pay the correct amount, including all benefits, to the petitioner within a specified time frame. The decision underscored the fundamental rights guaranteed under Articles 23 and 24(1) of the Constitution regarding property rights. |
| Summary |
This case revolves around GULREZ LATIF BUTT, an employee of Pakistan State Oil Company, who sought the court's intervention regarding his retirement benefits under the Voluntary Separation Scheme (VSS). The petitioner opted for the VSS but remained employed until 30-09-2003. The Sindh High Court determined that he was wrongfully denied benefits following a pay scale revision that occurred while he was still employed. The court reaffirmed the constitutional protections of property rights, which include entitlements to accrued benefits even after opting for voluntary separation. The ruling emphasized the legal obligation of the company to honor these rights and directed them to calculate the dues owed to the petitioner. The case highlights significant issues of employment law, constitutional rights, and the responsibilities of state-owned enterprises. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SARMAD, JALAL OSMANY, C.J.,
SALMAN HAMID, J
|
| Lawyers |
Muhammad Shahid Qadeer for Petitioner,
Mian Khan Malik, D.A.-G. for Respondent No.1,
Asim Iqbal for Respondents Nos.2 and 3
|
| Petitioners |
GULREZ LATIF BUTT
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Ministry of Petroleum and Natural Resources, Government of Pakistan and 2 others
|
| Citations |
2011 SLD 1856 = 2011 PLC 1422
|
| Other Citations |
PIAC v. Tanveer ur Rehman and others PLD 2010 SC 676,
Qari Allah Bux and others v. Federation of Pakistan and others PLD 2010 SC 676,
Wali-ur-Rehman and others v. State Life Insurance Corporation and others 2006 SCMR 1079,
Shivnandan Sharma v. Punjab National Bank Ltd. AIR 1955 SC 404,
Nagina Bakery v. Sui Southern Gas Limited and 3 others 2001 CLC 1559,
Nasim Arif Abbasi and others v. National Bank of Pakistan in C.P. No.D-7241 of 2006,
Abdul Qadir Ismail v. State Bank of Pakistan 2001 PLC (C.S.) 810,
Nazir Ahmed Chakrani and others v. Federation of Pakistan and others C.P. No.D.-1841 of 2008,
Abdul Rehman v. Federation of Pakistan and others 2010 PLC (C.S.) 691
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
23,
24(1),
199
|