Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Industrial Relations Act, 2012, S. 33--Pensionary benefit--Telecommunication services--Employees of PTCL--Voluntary separation scheme for employees--Minimum period of 20 qualifying years were eligible for early retirement and were to receive pension--Jurisdiction--Settlement or award-Worker/workmen--Dismissed from service--Coercion/inducement is a question of fact which was required to be proved by private respondents which they did not do so, hence they are estopped from challenging/questioning terms of voluntary separation scheme--A workman/worker is a person who does not fall within definition of employer and is not in employment as a supervisor or as apprentice in an establishment or industry for higher or reward and also includes a person has been dismissed, discharged, retrenched, laid off or removed from employment in connection with or as consequence of industrial dispute--A worker/workman can file a petition for redressal of grievance in mode or in accordance with procedure provided in Section 33 of Act. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE:---.--- This consolidated judgment shall decide the instant petition as well as petitions mentioned in the schedule attached to the judgment as common questions of law and facts are involved. 2. Respondent No. 1 in all the petitions were employees of Pakistan Telecommunication Company Limited (the petitioner). The petitioner is a company registered under the Companies Ordinance, 1984 providing, telecommunication services in all the four Provinces as well as Federal Capital Territory and Azad Jammu & Kashmir. The petitioner is successor in interest of Pakistan Telecommunication Corporation Limited which in turn was successor of Pakistan Telephone & Telegraph Department (T&T), a Government owned entity. In November 2007 the petitioner floated a Voluntary Separation Scheme for its employees, who were given an option to avail the same and sever their employment with the Petitioner Company against lump sum compensation. The Scheme was optional and was circulated amongst all the employees. The private respondents in all the petitions opted Voluntary…

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