Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 16

Law: National Industrial Relations Act, 2012

Section: 57(2)(c)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.16---Employees of Pakistan Telecommunication Company Limited having opted Voluntary Separation Scheme---Eviction from residential accommodation---Scope---Company filed complaint against the employees for their eviction from the residential accommodation which was accepted---Validity---Employees had accepted the severance of their ties with the company by opting settlement under Voluntary Separation Scheme---Residential accommodation was to be vacated by the employees by specified date, otherwise monthly rent was to be charged on market based rate as prescribed by the company---Employees had accepted the terms and conditions provided and agreed under the Voluntary Separation Scheme---Object of Voluntary Separation Scheme was to reduce the surplus staff and to bring the company in financial efficiency---Considerable amount had been paid to the employees toward ex-gratia besides the terminal benefits---Said amount had not been paid for doing any work or rendering any service---Employees had ceased to be under the employment of the company and they could not agitate for any kind of right which had been provided to them during service---Employees could not refuse to hand over the residential accommodation which had been provided to them during their service with the company---No illegality had been pointed out in the impugned orders passed by the Courts below---Constitutional petition was dismissed, accordingly. Sultan Ahmed v. VIth Civil Judge and Judicial Magistrate District Malir, Karachi and 2 others 2016 PLC 411 distinguished. Pakistan Telecommunication Company Limited and others v. Yasmeen Tabassum and others 2014 PLC 176 rel. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope. Article 199 of the Constitution casts an obligation on the High Court to act in the aid of law and protects the rights within the frame work of Constitution, and if there is any error on the point of law committed by the courts below or the tribunal or their decision takes no notice of any pertinent provision of law, then obviously High Court may…

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