| Case ID |
f9008829-f74e-4e97-9a25-337068923c41 |
| Body |
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| Case Number |
Civil Petition No. 797 of 2015 |
| Decision Date |
Jul 01, 2015 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal concerning the entitlement of employees from the Pakistan Telegraph and Telephone Department (T&T Department) who were transferred to the Pakistan Telecommunication Corporation (PTC) and subsequently to the Pakistan Telecommunication Company Limited (PTCL). The Court ruled that the terms and conditions of service for these employees were protected under the Pakistan Telecommunication (Re-Organization) Act, 1996. It stated that the employees retained their entitlement to pension benefits as revised by the Federal Government. The Court emphasized that the benefits announced by the Federal Government for its employees would also apply to the transferred employees of the T&T Department, ensuring they receive the same pension increases. The decision reaffirmed the legal protections offered to these employees during the transition between organizations. |
| Summary |
The case revolves around the legal rights of employees from the Pakistan Telegraph and Telephone Department after their transfer to the Pakistan Telecommunication Corporation and later to the Pakistan Telecommunication Company Limited. The Supreme Court examined the implications of the Pakistan Telecommunication (Re-Organization) Act, 1996, and the previous Pakistan Telecommunication Corporation Act, 1991. The judgment clarified that the terms and conditions of service for transferred employees were protected, and they were entitled to any pension adjustments announced by the Federal Government. This case highlights the legal framework governing employee rights during organizational restructuring in the telecommunications sector, emphasizing the importance of safeguarding employee benefits. The ruling serves as a precedent for similar cases involving employee rights and organizational changes, ensuring that employees are treated fairly and consistently under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Telecommunication Company Limited,
Pakistan Telecommunication Corporation,
Pakistan Telecommunication Employees Trust
|
| Judges |
IJAZ AHMED CHAUDHRY,
IQBAL HAMEEDUR RAHMAN
|
| Lawyers |
Taufiq Asif, Advocate Supreme Court for Petitioner,
Syed Nayab Hassan Gardezi, Standing Counsel for Respondent No. 1,
Shahid Anwar Bajwa, Advocate Supreme Court for Respondents Nos. 2 and 3
|
| Petitioners |
MUHAMMAD RIAZ
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Ministry of Information Technology, Government of Pakistan, Islamabad and others
|
| Citations |
2016 SLD 852,
2016 PLC 71
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Pakistan Telecommunication (Re-Organization) Act (XVII of 1996),
Pakistan Telecommunication Corporation Act (XVIII of 1991)
|
| Sections |
35,
36,
45,
46(1)(d),
9
|