Law:

Section:

(a) Industrial Relations Ordinance (XCI of 2002)--- ----Ss. 2(xvi), (xxx) & 46---Constitution of Pakistan, Art.199---Constitutional petition---"Workman"---Voluntary Separation Scheme (VSS)---Claim of pensionary benefits apart from general benefits on the basis of qualifying length of service---Scope---Employee working as "Telephone Operator" opted Voluntary Separation Scheme launched by the employer Company (PTCL)---Employee who had put more than twenty years of service was entitled to pensionary benefits apart from general benefits---Employee on the basis of more than twenty years length of service claimed pensionary benefits but the petitioner Company rejected the claim in respect of length of service---Grievance petition filed by the employee qua his claim of length of service and entitlement of pensionary benefits was accepted---Labour Appellate Tribunal dismissed the appeal filed by employer Company---Contention of the Company was that the employee did not fall within the definition of "workman" and the amount in full and final was mentioned in the offer letter, therefore the employee was not entitled for pensionary benefits---Validity---Employee "Telephone Operator" by virtue of his nature of duties falls within the definition of "workman"---Employee had been accepted the severance of his ties with the petitioner Company by opting settlement under the VSS---One of the terms in the offer of VSS was that employee who had put in more than twenty years of service would be entitled to pensionary benefits---Employee through evidence had proved that he had put in more than twenty years of service and as such he became entitled to pensionary benefits as per the offer contained under VSS---Upon acceptance of the offer, all the terms and conditions provided under the VSS became binding on both the parties---Constitutional petition was dismissed. 1994 SCMR 2213; 1963 PLC 951; 2006 PLC 597; 2004 PLC 250; 1989 PLC 454 and 2006 SCMR 783 ref. (b) Industrial Relations Ordinance (XCI of 2002)--- ----Ss. 2(xvi), (xxx) & 46---Constitution of Pakistan, Art.199---Constitutional petition---Retired employee---Jurisdiction of Labour Court in respect of grievance petition…

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