The Supreme Court of Pakistan’s Larger Bench-I dismissed the the Review Petitions of Pakistan Telecommunication Employees Trust (PTET) & PTCL on Friday 19th Feb. 2016 and 15-Pages detail judgment issued on 16-03-2016
The Supreme Court of Pakistan dismissed a review petition filed by Pakistan Telecommunication Employees Trust (PTET) through its MD, Islamabad, Pakistan Telecommunication Company Limited (PTCL) against Islamabad High Court (IHC) order on payment of pension and other benefits to its employees according to government pay structure.
Five Member Larger Bench (on Friday 19-02-2016) of the apex court headed by Chief Justice Anwar Zaheer Jamali and comprising Justice Mian Saqib Nisar, Justice Amir Hani Muslim, Justice Ejaz Afzal Khan and Justice Mushir Alam heard the case and announced short verdict after lengthy hearing of the case.
Justice Amir Hani Muslim remarked that, “ If PTCL was someone’ s personal organisation then he would not have sold it. The government sells Public organizations whenever it likes. The three Judges bench headed by the Chief Justice Anwar Zaheer Jamali dismissed the PTCL Review Petition against the decision of Islamabad High Court. The Court ordered the restoration of pension and other benefits of workers to pre-privatisation terms of employment.
The Chief Justice showed his concern over the Privatisation of public organisation and fate of its employees. Anwar Khalid Senior Advocate appeared and argued the PTCL case. After hearing both the sides the court ordered the dismissal of the petition restoring the benefits of the employees prior to privatisation of the PTCL. I think it is the right decision and must be lauded.
Chief Justice raised the question, what will happen to employees of pubic corporations if the government carries on its policy of privatisation at will. He has raised a pertinent question that concerns the government employees. In the light of this decision & remarks of the learned Judges the government should revise its policy of selling Public assets.
Justice Amir Hani Muslim remarked that PTCL was a state institution but rights of employees were ignored after privatization of the organization.
The apex court also restored the previous status of the employees as they were enjoying before privatization.
Justice Mian Saqib Nisar remarked “If law gives rights to employees then it should be provided to them.” Salary is the basic component of the job but main point is provision of other facilities to employees, he added.
The IHC in its order directed the PTCL to pay pension and other facilities to its employees according to government pay structure.
Case Outlines
Here is detailed verdict by H’SCP.All the appeals filed by PTCL are dismissed hence declaring all employees of PTCL before privatization as “Civil Servants”.
As much as 40,000 PTCL Pensioners and thousands of serving employees are now entitled to all benifites announced by Government of Pakistan from time to time.
PTCL Pensioners including some 12,000 widows had been deprived of pension and Medical Allowance increases for last six years as announced by Government of Pakistan.
JUDGMENT
Having thus considered, we do not think a case for review of the judgment of this Court dated 07-10-2011 is made out. These review petitions as well as Civil Petition No. 423 of 2011 being without merits are dismissed.
SD/- Anwar Zaheer Jamali, HCJ
SD/- Mian Saqib Nisar, J
SD/- Amir Hani Muslim, J
SD/- Ejaz Afzal Khan, J
SD/- Mushir Alam, J
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