Case Details

Citation(s)
2012 SLG 1213 2012 SLD 1213 2012 PLC 117
Labour Appellate Tribunal, Sindh
Appeals Nos.Hyd-357/2010(L.A.135 of 2007), HYD-358/2010(L.A.-136 of 2007), HYD-359/2010(L.A.137 of 2007), HYD-360/2010(L.A.138 of 2007) and HYD-361/2010(L.A.139 of 2007), decision dated: 29-03-2011.
ALI MUHAMMAD BALOCH, MEMBER

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Messrs PAKISTAN TELECOMMUNICATIOIN COMPANY LTD. through Superintendent Telegram Workshop PTCL, Kotri

VS

GHULAM MAQSOOD AHMED and others Messrs PAKISTAN TELECOMMUNICATIOIN COMPANY LTD. through Superintendent Telegram Workshop PTCL, Kotri vs GHULAM MAQ

Law:

Section:

Industrial dispute-------Retirement under Voluntary Retirement Scheme---Reinstatement---Company, which was a Statutory Company, announced a Voluntary Retirement Scheme, which was applicable up to January 1998 and period for relieving the employees was extended up to 28th February, 1998---All employees, serving the company, who had served for more than ten years applied for retirement under said scheme---Employees before acceptance/relieving/payment, had submitted requests for withdrawal of options of retirement given by them---Employees had withdrawn their options, unconditionally before effectivity of the scheme---Company ignored withdrawal of options of the employees and issued retirement letter and relieved them from the duties---Validity---Company met the employees with high-handedness---Employees had withdrawn their option before the effective date and if the option had been withdrawn, before the effective date of retirement, same should have been considered as withdrawn---Once the employees had withdrawn their option, the retirement even on extra benefits, was illegal---Company was directed to reinstate the employees and thereafter would determine the amount of wages and other emoluments (back benefits) payable to them under the law. PLD 2006 SC 602 ref. 2000 SCMR 1964 rel. Miss Azima Naseer for Appellant. M.M. Jeelani for Respondents. Dates of hearing: 1st February and 2nd March, 2011. DECISION ALI MUHAMMAD BALOCH (MEMBER).--- By this common decision, I propose to dispose of the above five appeals which have been filed before the High Court of Sindh Circuit Bench at Hyderabad and the same was received from the High Court of Sindh after coming into existence of this Tribunal, filed by the above named appellant/Pakistan Telecommunication Company Limited against the order dated 31st. October, 2007 passed by the learned Presiding Officer, Sindh Labour Court No.VI, Hyderabad. Brief facts of the matter is that the above appellant Company is an Statutory Company and earlier created as a department of Telegraph and Telephone which was later on converted as Pakistan Telecommunication Corporation and then appellant is converted into a company owned by the Federal…
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