| Citation(s) |
|---|
| 2010 SLG 3224 2010 SLD 3224 2010 PLC 1233 |
Sindh High Court
Constitutional Petitions Nos.D-135 and D-286 of 2007, decided on 26th June, 2010. Date of hearing: 5th May, 2010. Writ Petitions Nos.2811, 2803, 2703, 2537, 1209, 590, 817 and 718 of 2007, decided on 16th April, 2009. Date of hearing: 16th April, 2009.
GULZAR AHMED AND SHAHID ANWAR BAJWA, JJ
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Constitutional Petitions Nos.D-135 and D-286 of 2007, decided on 26th June, 2010. Date of hearing: 5th May, 2010. Writ Petitions Nos.2811, 2803, 2703, 2537, 1209, 590, 817 and 718 of 2007, decided on 16th April, 2009. Date of hearing: 16th April, 2009.
GULZAR AHMED AND SHAHID ANWAR BAJWA, JJ
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TAHIR AHMED and others
VS
NAEEM IQBAL and others
Law: Consumer Protection Act, 1986
Section: 199
Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Policy matters---Benefits of employees, determination of---Petitioners/employees opted for separation from bank under Scheme announced in year, 2005---Grievance of petitioners was that they had not been given further benefits which were available in Scheme announced in year, 1997---Validity---Payments to optees of Scheme of year, 1997, in respect of purchase of future payments was based on certain calculation and High Court in constitutional jurisdiction could not undertake .exercise to determine as to what should be life expectancy of a person at a particular age---Such was the job for professionals and no material had been placed on record by petitioners to demonstrate any fallacy or unreasonableness in table designed by the Actuaries---Petitioners exercised their option and received benefits in accordance with their option under Scheme of year 2005---Scheme of year, 1997 was different Scheme, where some of the benefits were paid to employees and other benefits were held to be payable over a span of an employees life and in case of death of such employee or his widows life---Two Schemes were materially different---Repurchase Scheme must have been designed keeping in view commercial considerations of organization and High Court declined to interfere with decision by management which decision was based on commercial considerations---Petition was dismissed in circumstances. Province of Sindh through Chief Secretary Sindh, Karachi and 4 others v. Gul Muhammad Hajano 2003 SCMR 325; Imdad Magsi and others v. Karachi Water and Sewerage Board and others PLD 2002 SC 728=2002 PLC (C.S.) 1361; I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041; State Bank of Pakistan v. Khyber Zaman and other, 2004 PLC (C.S.) 1213; Syed Nasim Ahmed Shah and others v. Sate Bank of Pakistan and others C.P. No.D-1708 of 2008 and New Jubilee Insurance Employees Union v. SLAT Karachi and another 1982 PLC 1012 ref. United Bank Limited v. Shahmim Ahmed Khan and 41 others. PLD 1999 SC 990 rel. JUDGMENT SHAHID ANWAR BAJWA,…
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