| Citation(s) |
|---|
| 2010 SLG 2652 2010 SLD 2652 2010 SCMR 253 |
Supreme Court of Pakistan
Civil Appeal No.351 of 2005, decision dated: 22-06-2009
Iftikhar Muhammad Chaudhry, C.J., Raja Fayyaz Ahmad and Ch. Ijaz Ahmed, JJ
S. Naeem Bokhari, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellants. Muhammad Akram Sheikh, Senior Advocate Supreme Court for
Respondents Nos.1 to 14.
Civil Appeal No.351 of 2005, decision dated: 22-06-2009
Iftikhar Muhammad Chaudhry, C.J., Raja Fayyaz Ahmad and Ch. Ijaz Ahmed, JJ
S. Naeem Bokhari, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellants. Muhammad Akram Sheikh, Senior Advocate Supreme Court for
Respondents Nos.1 to 14.
PAKISTAN TELECOMMUNICATION COMPANY LIMITED through General Manager and anotherVs.MUHAMMAD ZAHID and 29 others
Law:
Section:
RAJA FAYYAZ AHMAD, J.--- This Civil Appeal has been directed against the judgment dated 28-4-2004 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi whereby, I.C.A. No.164 of 2002 preferred by the appellants namely Pakistan Telecommunication Company Limited, General Manager, Overseas Telecommunication Regions, Pakistan Telecommunication Company Limited and Federation of Pakistan through Secretary Ministry of Science and Technology, Islamabad (now pro forma respondent) against the judgment dated 11-11-2002 passed by the learned Single Judge in Chambers of the Lahore High Court whereby Writ Petition No.1444 of 2001 was allowed in favour of respondents Nos.1 to 28 ( contesting respondents) has been dismissed by the learned Division Bench. The relevant facts of the case in brief are that respondents Nos. 1 to 28 instituted Writ Petition No.1444 of 2001 in the Lahore High Court, contending that the said respondents have been working as Telephone Operators in the International Gateway Exchange for a minimum period of more than 2 years with a maximum period of more than 8 years with the Pakistan Telecommunication Company Limited ( hereinafter referred as `PTCL') established under section 34 of the Pakistan Telecommunication (Re-Organization) Act, 1996 and the International Gateway Exchange has been functioning under its control, thus all those employees working in the Exchange are not the employees of "Telecom Foundation" (respondent No.29) a Charitable Institution established under section 5 of the Charitable Endowments Act, 1890 vide Notification dated 27-11-1991 which has nothing to do with the International Gateway Exchange but the contesting respondents are being wrongly treated as employees of the abovesaid `Foundation' in order to deprive them of their legal rights. It was further the case of the said respondents that Telecommunication Corporation (predecessor of PTCL) had invited applications for appointment as Telephone Operators etc., through advertisement published in Daily Jang dated 8-12-1992 and eventually call letters were issued by the predecessor Corporation. As per their case setup in the writ petition was that the…