| Case ID |
ea33c5d3-ba65-4e96-8af4-b01404f9f28c |
| Body |
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| Case Number |
Writ Petitions Nos. 2114, 2345, 3108, 3625 of 2016 |
| Decision Date |
Feb 20, 2020 |
| Hearing Date |
Feb 13, 2020 |
| Decision |
The Islamabad High Court dismissed the writ petitions filed by the petitioners who had opted for the Voluntary Separation Scheme (VSS) introduced by Pakistan Telecommunication Company Limited (PTCL). The court held that the petitioners could not agitate grievances regarding their pension due to the VSS terms, which were not governed by statutory rules. The court emphasized that the petitioners had received severance benefits and bonuses under the VSS, and their claims for pension were not maintainable given their choice to opt for the scheme. The court further stated that the principle of laches applied due to the significant delay in filing the petitions, which were brought more than nine years after the VSS was exercised. The court reiterated that the constitutional jurisdiction could not be invoked for disputes arising from non-statutory schemes like VSS. |
| Summary |
This case revolves around the constitutional petitions filed by retired employees of Pakistan Telecommunication Company Limited (PTCL) who sought pensionary benefits after opting for a Voluntary Separation Scheme (VSS). The Islamabad High Court examined the legality of the VSS and its implications on the employees' rights to pensions. The court concluded that the VSS was not a statutory scheme, and the petitioners' claims for pensions were invalid as they had accepted the terms of the VSS, which included severance payments but not pensions for those with less than twenty years of service. The decision emphasized the importance of adhering to the terms of voluntary agreements and the consequences of delay in seeking judicial relief. This case highlights critical aspects of employment law, pension entitlements, and the implications of voluntary separation agreements, making it significant for employees in similar situations. Keywords: Voluntary Separation Scheme, pension entitlement, Islamabad High Court, employment law, Pakistan Telecommunication. |
| Court |
Islamabad High Court
|
| Entities Involved |
Pakistan Telecommunication Company Limited,
Pakistan Telecommunication Employees Trust
|
| Judges |
MIANGUL HASSAN AURANGZEB
|
| Lawyers |
Muhammad Asif Mehmood,
Nawazish Ali Gondal,
Jameel Hussain Qureshi,
Mubashar M. Jaffar Qasuri,
Shahid Anwar Bajwa,
Tassadaq Hanif,
Shaifque-ur-Rehman Dab,
Habib Ahmed Bhatti,
Akhlaq Ahmad Bhatti,
Barrister Ahsan Jamal Pirzada,
Muhammad Latif Saeedi
|
| Petitioners |
GHULAM SARWAR AND OTHERS
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INFORMATION AND TECHNOLOGY AND OTHERS
|
| Citations |
2020 SLD 2357,
2020 PLC 1211
|
| Other Citations |
Pakistan Telecommunication Company Limited v. Iqbal Nasir PLD 2011 SC 132,
State Bank of Pakistan v. Imtiaz Ali Khan 2012 SCMR 280,
P.T.C.L. v. Masood Ahmed Bhatti 2016 SCMR 1362,
Pakistan Telecommunication Employees Trust (PTET) v. Muhammad Arif 2015 SCMR 1472,
Muhammad Riaz v. Federation of Pakistan 2015 SCMR 1783,
Pakistan Telecommunication Company Limited v. Muhammad Dilpazir 2016 PLC 367,
Khursheed Latif v. Federation of Pakistan 2010 SCMR 1081,
Ahmad and others v. Ghama and others 2005 SCMR 119,
Shahbaz Khan Mohmand v. Islamic Republic of Pakistan 1975 SCMR 4,
Muhammad Sadiq and others v. The Commissioner Rawalpindi 1973 SCMR 422,
Masood Ahmad Bhatti v. Federation of Pakistan 2012 SCMR 152
|
| Laws Involved |
Pakistan Telecommunication Corporation Act, 1991
|
| Sections |
9,
20
|