| Case ID |
46728672-5458-4b8d-a2bc-956b8dcce1ec |
| Body |
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| Case Number |
Civil Appeal No. 581 of 2011 |
| Decision Date |
Oct 19, 2011 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan, in its judgment, addressed the appeals filed by the State Bank of Pakistan regarding the Voluntary Golden Handshake Scheme and the entitlement of pensionary benefits for employees who opted for this scheme. The court ruled that the petitioners, who had accepted the scheme, could not claim monthly pension payments as they had voluntarily opted for the scheme that provided compensation instead. The court emphasized that the scheme was introduced for restructuring the bank and improving efficiency, and was not imposed on employees. The Supreme Court set aside the High Court's order that directed the bank to pay the commutation of gross pension to the petitioners, affirming that the employees who opted for the scheme had no entitlement to pension benefits as per the established regulations. |
| Summary |
In the case of Civil Appeal No. 581 of 2011, the Supreme Court of Pakistan examined the implications of the Voluntary Golden Handshake Scheme introduced by the State Bank of Pakistan. The case involved employees who had opted for this scheme, seeking pensionary benefits. The court found that the scheme was voluntary and that those who accepted it were compensated with a one-time payment rather than ongoing pension benefits. This ruling highlighted the importance of understanding the terms of voluntary retirement schemes and the legal framework surrounding employee entitlements in the banking sector. The decision reinforced the principle that employees cannot claim benefits that were explicitly waived under the terms of such schemes. The ruling serves as a significant reference for similar cases, emphasizing the need for clarity in employment agreements and the rights of employees under various retirement schemes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
State Bank of Pakistan
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
TARIQ PARVEZ,
GHULAM RABBANI
|
| Lawyers |
Khalid Anwar, Senior Advocate Supreme Court for Appellants.,
Abdur Rahim Bhatti, Senior Advocate Supreme Court,
Sardar Asmatullah, Senior Advocate Supreme Court
|
| Petitioners |
IMTIAZ ALI KHAN,
Atif Hayat,
Ms. Anjum Naz
|
| Respondents |
STATE BANK OF PAKISTAN through Governor and another
|
| Citations |
2012 SLD 1243,
2012 PLC 218
|
| Other Citations |
Muhammad Mubeen-us-Salam v. Federation of Pakistan PLD 2006 SC 602,
State Bank of Pakistan v. Khyber Zaman and others 2004 PLC (C.S.) 1213,
Muhammad Idrees v. Agriculture Development Bank of Pakistan and others PLD 2007 SC 681,
State Bank of Pakistan v. Muhammad Aslam Khan Civil Appeal No.976-1000 of 2009,
Muhammad Masihuzzaman v. Federation of Pakistan PLD 1992 SC 825,
Muhammad Ahmed v. Government of Sindh 1999 SCMR 255,
Muhammad Anwar Siddiqui v. Lahore Development Authority 2009 SCMR 177,
S.A. Jamil v. Secretary to the Government of the Punjab 2005 SCMR 126,
Principal, Cadet College, Kohat v. Muhammad Shoab Qureshi PLD 1984 SC 170,
Zia Ghafoor Piracha v. Chairman, Board of Intermediate and Secondary Education 2004 SCMR 35
|
| Laws Involved |
Civil Procedure Code (V of 1908),
State Bank of Pakistan Staff Regulations, 1993,
State Bank of Pakistan Officers (Pension-cum-Gratuity) Regulations, 1980,
State Bank of Pakistan Act (XXXIII of 1956),
Constitution of Pakistan
|
| Sections |
11,
O.VII,Rr.1(g),
8,
19,
2(i),
4,
54(1),
185(3),
199
|