| Citation(s) |
|---|
| 2015 SLG 3118 2015 SLD 3118 2015 PLC 1415 |
Supreme Court of Pakistan
CIVIL PETITIONS Nos. 1596-1597, 1602, 1643 AND 2064-2067 OF2014
NASIR-UL-MULK, C.J., GULZAR AHMED AND MUSHIR ALAM, JJ
(For impleadment of Telecom Pensioners Association as
Respondent)Khalid Javed Khan, Advocate Supreme Court for Petitioners (in C.Ps. Nos.565 and 566 of 2014). Zia-ul-Haq Makhdoom, Advocate Supreme Court for Petitioners (in C.P. No. 567 of 2014). Rizwan
CIVIL PETITIONS Nos. 1596-1597, 1602, 1643 AND 2064-2067 OF2014
NASIR-UL-MULK, C.J., GULZAR AHMED AND MUSHIR ALAM, JJ
(For impleadment of Telecom Pensioners Association as
Respondent)Khalid Javed Khan, Advocate Supreme Court for Petitioners (in C.Ps. Nos.565 and 566 of 2014). Zia-ul-Haq Makhdoom, Advocate Supreme Court for Petitioners (in C.P. No. 567 of 2014). Rizwan
CIVIL S NOS.565-568 AND 582-584 OF 2014CIVIL S NOS.1596-1597, 1602, 1643 AND 2064-2067 OF 2014CRIMINAL NO.214 OF 2014ANDC.M.A. NO. 3540 OF 2014 IN C.P. NO.565 OF 2014(For impleadment of Telecom Pensioners Association as --Respondent)PAKISTAN T
Law:
Section:
(a) Pakistan Telecommunication (Re-Organization) Act (XVII of 1996)--- ----Ss. 35, 36, 45 & 46(1)(d)---Pakistan Telecommunication Corporation Act (XVIII of 1991), S. 9 [since repealed]---Pakistan Telecommunication Corporation Employees Pension Fund (as created by a Trust Deed dated the 2nd April, 1994), Para. 2---Constitution of Pakistan, Art. 185(3)---Pension---Serving employees, retired employees and widows of retired employees, who were employed in the Pakistan Telegraph and Telephone Department (T&T Department) and were subsequently transferred to Pakistan Telecommunication Corporation (the Corporation) and then to the Pakistan Telecommunication Company Limited (the Company)---Entitlement of such employees to receive pensionary benefits as fixed by the Federal Government---Grievance of said employees was that pension was being paid to them in accordance with the increase announced by the Federal Government but such increase in pension was abruptly stopped after the year 2009 by the Pakistan Telecommunication Company Limited (the Company)---Validity---Terms and conditions of service of the transferred employees from T&T Department to the Corporation and then to the Company remained unaltered and they continued to be paid the benefits as were admissible to them as employees of T&T Department---Terms and conditions of service and also the rules of service which were applicable to the T&T Department employees while in employment of the Federal Government would continue to be applicable to them on their transfer to the Corporation and then to the Company---Employees of T&T Department who were transferred to the Corporation and then to the Company, would on retirement be entitled to payment of pension according to the one announced by the Federal Government, thus if any increase in pension was announced by the Federal Government for its employees, the same would also apply and be paid to the employees of T&T Department transferred to the Corporation and then to the Company---While the Company may be entitled to fix the terms and conditions of service of its employees so also the provision of pension by the Board of Trustees of the…