Law: Constitution of Pakistan, 1973

Section:

Constitution of Pakistan--Art. 25---Discrimination---Closure of fertilizer plant for having outlived its economical life---Voluntary Separation Scheme (VSS) offering benefit of 1 + 2 to workers of such plant---Petitioners' claim for benefit of 1 + 4 offered under Golden Hand Shake Scheme (GHSS) to workers of two sister concerns of respondent-company---Validity---Respondent company had offered VSS instead of adopting course of retrenchment of petitioners' service with much lesser benefits---Petitioners had willingly opted for VSS offered to them by respondent company and received benefits thereof much prior to introduction of Golden Handshake Scheme in its two sister concerns---Voluntary Separation Scheme and Golden Handshake Scheme were two independent schemes, which had been introduced at different times and in two different companies for benefit of two different set of workers under different circumstances--- Petitioners had not been discriminated by offering them VSS---Discrimination qua GHSS/VSS had been alleged by only 65 workers (petitioners), but not by other workers being satisfied with VSS---Supreme Court upheld decision of High Court dismissing constitutional petition in circumstances. Muhammad Idrees v. Agricultural Development Bank of Pakistan PLD 2007 SC 681; Sikandar Aziz v. Secretary, Ministry of Industries and Production 2001 PLC (C.S.) 205; National Bank of Pakistan v. Nasim Arif Abbasi 2001 SCMR 446; Wali-ur-Rehman v. State Life Insurance Corporation 2007 PLC (C.S.) 836 and State Bank of Pakistan v. Khyber Zaman 2004 SCMR 1426 ref. JUDGMENT ANWAR ZAHEER JAMALI, J.---These two appeals with leave of the Court as per order dated 13-12-2005 arise out of common judgment dated 18-9-2003, in I.C.As. Nos.890 of 2001 and 886 of 2001, passed by a learned Division Bench of the Lahore High Court at Lahore, whereby I.C.A. No.890 of 2001, filed by the present appellants was dismissed and other I.C.A. No.886 of 2001, filed by respondent No.1, was allowed, and consequently the common impugned judgment dated 1-10-2001 in Writ Petition No.10423 of 1998, passed by learned Single Judge in Chambers of the Lahore High Court, Lahore to the extent of granting relief…

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