| Case ID |
698053a4-9e41-4955-8478-cd4c7e13b76c |
| Body |
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| Case Number |
Writ Petition No. 17526 of 1998 |
| Decision Date |
Jun 02, 2014 |
| Hearing Date |
May 26, 2014 |
| Decision |
The constitutional petition was dismissed as the petitioner had not been able to demonstrate any infringement of fundamental rights. The court noted that the Privatization Commission's request for information was a preliminary notice and did not constitute a final order. The petitioner’s claim that the matter was a closed transaction was rejected, as the workers had the right to pursue their grievances despite the agreement with the Collective Bargaining Agent. The court emphasized the obligation of the petitioner to provide necessary documentation as per the sale agreement. |
| Summary |
In the case of S.J. Industries vs. Privatization Commission, the Islamabad High Court dealt with a constitutional petition regarding the privatization of an industry and the associated Golden Hand Shake scheme for workers. The petitioner, S.J. Industries, argued that the Privatization Commission's request for information regarding alleged irregularities in payment was illegal and without jurisdiction, claiming that the payments were made under an agreement with the Collective Bargaining Agent. However, the court found that the mere issuance of a notice did not infringe the petitioner's rights, and that the workers had the right to raise grievances. The decision underscored the importance of compliance with the law and the obligations under the sale agreement, ultimately leading to the dismissal of the petition. This case highlights the complexities surrounding privatization and labor rights, providing critical insights into legal obligations and the rights of workers in privatized enterprises. |
| Court |
Islamabad High Court
|
| Entities Involved |
Privatization Commission,
S.J. INDUSTRIES,
Ministry of Finance Government of Pakistan
|
| Judges |
NOOR-UL-HAQ N. QURESHI, J
|
| Lawyers |
Asad Iqbal Siddiqui,
Rehan Seerat
|
| Petitioners |
S.J. INDUSTRIES through Sheikh Javed Rafi
|
| Respondents |
PRIVATIZATION COMMISSION, MINISTRY OF FINANCE GOVERNMENT OF PAKISTAN, ISLAMABAD and 3 others
|
| Citations |
2014 SLD 327 = 2014 PLC 1267
|
| Other Citations |
Not available
|
| Laws Involved |
Privatization Commission Ordinance (LII of 2000),
Constitution of Pakistan
|
| Sections |
36,
199
|