| Citation(s) |
|---|
| 2017 SLG 1593 2017 SLD 1593 2017 PLC 92 |
Sindh High Court
C.P. No. D-1889 of 2013, decision & hearing Date : 07-12-2016
MUHAMMAD ALI MAZHAR, JUSTICE, SYED SAEEDUDDIN NASIR, JUSTICE
Syed Shoa-un-Nabi for Petitioner.
C.P. No. D-1889 of 2013, decision & hearing Date : 07-12-2016
MUHAMMAD ALI MAZHAR, JUSTICE, SYED SAEEDUDDIN NASIR, JUSTICE
Syed Shoa-un-Nabi for Petitioner.
PAKISTAN PVC LIMITED GENERAL EMPLOYEES UNION THROUGH GENERAL SECRETARY
VS
GOVERNMENT OF PAKISTAN THROUGH SECRETARY MINISTRY OF FINANCE AND ANOTHER
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan---.--- ---.----Art. 199---.---Constitutional petition---.---Gratuity, non-payment of---.---Privatization---.---Petitioner an Employees Union was aggrieved that after privatization of its industrial unit, employees were not given gratuity and cost of living allowance---.---Validity---.---Privatization Commission was generous to share Golden Hand Shake amount equally with buyer but on the other hand employees were divested and deprived of their lawful dues---.---Question arose as to whether such was a common practice that Privatization Commission in each case of privatization used to behave so generous to relieve burden of every buyer by a sharing formula---.---Such aspect needed to be examined and interrogated by competent authority---.---Still some amount was to be paid by the buyer and it was responsibility of the government and Privatization Commission to recover the amount for which employees were not responsible and they would not become victim of inefficiency and or generosity of government departments extended to the buyer---.---High Court directed the authorities to deposit admitted liability with officer of the Court who would disburse the same to individual employees---.---Petition was allowed accordingly. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, JUSTICE:---.--- This petition has been filed by the staff union of Pak PVC. Limited through its General Secretary for seeking direction against the respondents to pay the outstanding amount of gratuity and cost of living allowance. 2. The brief facts of the case are that on 15.10.1991, a Memorandum of Agreement was signed between Government of Pakistan and employees of State Owned Industrial Units which were perceived to be privatized. A copy of Memorandum of Agreement dated 15.10.1991 is attached with the memo. of petition at page 29. By means of this agreement, different modalities were settled to deal the employees of different Industrial Units intended to be privatized with the genre and manner for the payment of their full and final settlement dues including Golden Hand Shake Scheme. The petitioner union has brought the case on behalf of its aggrieved members that though amount…
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