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His Excellency Prime Minister of Pakistan,

Prime Minister Secretariat,

Islamabad.

 Subject:   REINSTATEMENT OF DISMISSED – TERMINATED EMPLOYEES OF PAKISTAN TELECOMMUNICATION COMPANY LIMITED. VICTIMIZED DUE TO TRADE UNION ACTIVITIES.

 Sir,

We take this opportunity to solicit your kind attention towards the dismissed – terminated & suspended employees of PTCL which were victimized due to lawful trade union activities

2.                     It is regretted to inform that the despite lapse of about one year, the Company has continuously kept suspended many hundred P.T.C.L. Workers since August 2010 who are being paid only 1/3rd of their pay in contravention of the Salary Rules of the Government of Pakistan. Most of these workmen were transferred from the Government of Pakistan T&T Department to Government owned Company i.e. Pakistan Telecommunication Company Limited, on the eve of its Privatization with the assurance that their terms and conditions and rights would not be violated. The settlement reached between the union and the Company on the above subject under item No.1 read as below.

“The terms and conditions of the employment shall remain as per the existing provisions of the Pakistan Telecommunication Re-organization Act, 1996 (Sections 35 & 36).”

 

Annex-C 1a
Annex-C 1b
Annex-C 2a
Annex-C 2b
Annex-C 3

Annex-C 4
Annex-C 5
Hassan Muhammad Rana Writes to PM Gillani
M.O Annex A
Order H.C pg1

Order H.C pg2
Order H.C pg3
Order H.C pg4

3.                     It may be brought to your kind notice that this term of settlement is also incomplete without section No 35 & 36 of Pakistan Telecommunication Re-organization Act 1996 which reads as below:

“35(2)  An order issued under sub-section  shall specify the employees of the corporation who shall, as from the effective date of the order, be transferred to and become employee of the entity referred in the order;

Provided that such orders shall not vary the terms and conditions of service of such employees to their disadvantage.

36        Terms and conditions of services of employees.—

(1)        No person transferred to the company pursuant sub-section (2) or section 35, hereinafter referred to as “Transferred Employee” shall be entitled to any compensation as a consequence of transferred to the Company.

Provided that the Federal Government shall guarantee the existing terms and conditions of service and rights, including pensionary benefits of the Transferred Employees.

 (2)        Subject to sub-section (3) the terms and conditions of service of any Transferred Employees shall not be altered adversely by the Company except in accordance with the law of Pakistan or with the consent of the Transferred Employees and award of appropriate compensation.

4.                     Section 15.2 of the Sale Purchase Agreement the Purchaser – ETISALAT INTERNATIONAL PAKISTAN  LLC (Company Management) under took to the Seller (Government of Pakistan ) to procure that :

“The Purchaser and the Seller acknowledge and agree that the rights and benefits and terms and conditions of service  granted to the “ Transferred Employee” under section 36 of the Pakistan Telecommunication Re-organization Act 1996 will not be prejudice or affected by this Agreement. “

  5.                     The Government of Pakistan raised the Salaries of Civil Servants, Employees of Autonomous/Semi Autonomous Bodies and Corporations which have adopted Government Pay Scales Scheme like PTCL @ 50% of their basic pay on the eve of announcement of Federal Budget 2010-2011 the union placed the demands to raised the salaries of the PTCL workers to maintain legal provisions/commitments.  (Copy of  O.M.  -Annex –A.)

As per provision of the settlement, SPA and the statutory guarantee accorded to them by Government of Pakistan under the provision of law. The management did not accepted their demands. On the contrary, the management approached the National Industrial Relations Commission and then Honourable Lahore High Court to get stopped lawful trade union activities of the workers for redress of their genuine grievances. The Honourable Lahore High Court, Lahore  directed the management to hold negotiations with the Union for redressal of the grievances of the workers amicably. The relevant extract of the order dated 18.8.2010 passed by the Honourable Lahore High Court in Writ Petition No.17832/2010 titled PTCL Versus Province of Punjab, etc. is reproduced as under:

“…. the learned counsel for the petitioner, under instructions, submits that petitioner No.1 shall hold further negotiation with respondents No.4 to 6 and any other elected representative of the employees of petitioner No.1 for redressal of their grievance(s)”

The order of the High court is enclosed as Annex-B .

It is regretted to inform that the management instead of holding any negotiation and dialogue with the Union, they dismissed/terminated 313 office bearers of the Trade union & activists and about 500 were suspended/show caused and 19000 workers salaries were stopped. They resorted to get registered false cases against the main office bearers of the Union including (Respondent No.5) Hassan Muhammad Rana, Secretary General of the Union to defeat their struggle.

6.                     Over & above, the Company has still reinstated only 231 employees. 82 trade union activists and office bearers of the union including Hassan Muhammad Rana, General Secretary has not been reinstated so far on account of pursuing lawful trade union activities. The list of the said terminated/dismissed  officials are enclosed as Annex-C.

7.                     That, the criminal cases under F.I.R. dated August 31st 2010, Nov 3rd 2010 & Nov. 10th 2010 registered against Trade Union Activists & office bearers  are pending in the Court of law under Section 353/186 , 149/427 , 506/148 , 3/4 7ATA , 427 , 188/186, 147/149 , 324/353, 13 20/65 P.P.C  Amplifier ACT in Margala police Station Islamabad & Police Station Anarkali, Lahore  on account of pursuing lawful trade union activities as a result of victimization and going on legal protest  to press the just demands of the workers of the Company.

8.         That the union has repeatedly requested the Company:-

i)                    To get reinstate the suspended workers since long and allow them full Pay in accordance with Rules and Settlement

ii)                  Reinstate the dismissed Trade Union activist and office bearers of the union for pursuing lawful Trade Union activities.

iii)                Withdraw criminal cases registered against the Trade Union activists and office bearers of the union for pursuing lawful trade union activities and acceptance of the demand of the union.

9.                     It is regretted that the P.T.C.L. management has been consistently violating the right of Freedom of Association and has not withdrawing the unfounded criminal cases against the trade union activists registered on the behest of the company in violation of the principle of Freedom of Association.

10.                   In view of the above circumstances, it is, therefore, requested that the PTCL Management  may kindly  be directed to redress the situation by:

a)                  Reinstating all suspended workers and payment of their lawful dues.

b)                  Reinstate all dismissed Trade Union Representatives and activists on account of pursuing lawful Trade Union activities.

c)                  Ask the Chief Commissioner Islamabad & PTCL Management to withdraw the criminal cases registered against them for going on lawful protest and based on false charges under FIR No’s  517, 522 , 523 , 524 , 525, 711/10  (detail given in Annex-D).

We shall be highly grateful to you for your early intervention.

Warm Regards.

Hassan Muhammad Rana
Secretary General
Pak Telecom Employees Union (CBA)
Cell              +923334225333