Law:

Section:

Transfer of Managed Establishments Order (12 of 1978),,,, ----Art.4 [as re-constituted by Transfer of Managed Establishments (Second Amendment) Ordinance (XXXIII of 19911---Constitution of Pakistan (1973), Art.199---Privatisation of State Managed. Projects---Agreement; regulating transfer of State Managed Project to private sector as also to safeguard interests of employees working in that Project, was arrived at between Federation of Pakistan and All Pakistan State Enterprises Workers' Action Committee---One of the clauses of said agreement pertained to commitment made by Federation for payment of all dues to employees after sale of units and to fettle dues prior to transfer of management of Industrial Unit into private sector---Petitioner being Collective Bargaining Agent (C.BA.) in Establishment, through Constitutional petition had sought implementation of said clause apprehending that after sale of units and transfer of management to private sector, employees of unit opting for golden hand-shake, would not be paid dues and rather left in lurch---Privatisation Commission stated that immediately after resolving certain administrative issues, compliance of commitment made by Federation, through Privatisation Commission in respect of employees of unit who opted for golden hand-shake, would be ensured as was done in several industrial units previously sold through Privatisation Commission---Held, Supreme Court in case decided earlier having held that agreement arrived at between parties was not enforceable, it would be futile attempt on part of petitioner C.B.A. still to rely and seek enforcement of said clause of agreement through Constitutional jurisdiction---Even otherwise said clause of agreement which petitioner had sought to be implemented, had lost its significance in face of assurance given on part of Privatisation Commission safeguarding interest of employees opting for golden hand-shake as had been doâ-ž.;, in all other units disposed of earlier. Millat Tractors Employees Trust v. Government of Pakistan etc. C.P.S.L.A. No. 1069/L of 1991 ref. Dr. A. Basit for Petitioner. Faqir Muhammad Khokar for Respondent No. 1. Muhammad Saleem Saigol for Respondent…

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