Case Details

Citation(s)
2016 SLG 2826 2016 SLD 2826 2016 PLC 367
Islamabad High Court
Writ Petition No. 1691 of 2015, decided on 29th April, 2016. Date of hearing: 12th February, 2016.
AAMER FAROOQ, JUSTICE
Shahid Anwar Bajwa and Sabir Sardar for Petitioners. Raja Farrukh Arif Bhatti, Kh. Muhammad Arif, Mirza Muhammad Afzal and Sajid Ameen for
Respondents.

PAKISTAN TELECOMMUNICATION COMPANY LIMITED

VS

MOHAMMAD DILPAZEER ABBASI AND others-

Law: Industrial Relations Act, 2012

Section: 2(xxxiii),33,54

(a) Industrial Relations Act (X of 2012)--- --------Sections 33, 54 & 2 (xxxiii)---Grievance petition---Limitation---Grievence notice by workman---Scope---Employer company floated Voluntary Separation Scheme for its employees---Petitioners-employees received dues as provided under the Voluntary Separation Scheme---Petitioners-employees filed grievance petition that their date of commencement of employment had erroneously been mentioned---Grievance petition was accepted concurrently---Validity---Voluntary Separation Scheme had been opted by the employees voluntarily without any coercion or duress and terms and conditions mentioned therein were accepted---Employees had not proved coercion/inducement and they were estopped from challenging/ questioning the terms of Voluntary Separation Scheme---Employees were not dismissed/retrenched, laid off due to industrial dispute rather had voluntarily opted to leave the employer company---Employees were not worker/workman to invoke the jurisdiction of National Industrial Relations Commission nor could serve grievance notice on the employer company---Impugned orders were set aside and grievance petition dismissed---Constitutional petition was allowed in circumstances. Mustehkum Cement Limited through Managing Director v. Abdul Rashid and others 1998 PLC 172; Chief Executive Officer Quetta Electric Supply Company and others v. Rana Shamim Akhtar and others 2010 PLC 489; Sahibzada K.A.K. Afridi v. Pakistan International Airlines Corporation and another 1992 SCMR 1379; Senior Vice President (G.M.) National Bank of Pakistan Zonal Office Lahore v. Muhammad Javed Khan and 2 others 1981 SCMR 542; Ms. Zaib un Nisa Khan Lodhi v. Messrs Avari International Hotel through General Manager and 3 others 2006 PLC 164; National Bank of Pakistan v. Muhammad Javed Khan 1982 PLC 380; Pakistan Telecommunication Company Limited v. Yasmeen 2014 PLC 176; Pakistan Telecommunication Company Limited through President and 5 others v. Azhar Ali Babar and 2 others 2013 PLC 345 and Pakistan Telecommunication Employees Trust PTET through MD. Islamabad and others v. Muhammad Arif and others 2015 PLC (CS) 1417 ref. Pakistan Telecommunication Company…
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