Ministry of Law and Justice Opinion on PTCL Employees Status and Pensioners Pension Rules 2012

Ministry of Law and Justice Opinion/Advise on PTCL Employees Status and pensioners Pension Rules 2012

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No.F.170/2013-Law-I

Government of Pakistan

Ministry of Law and Justice

The issues raised in paragraph (5) answered ad seriatim:-Whether the Pakistan Telecommunication Employees Trust is only for transferred employees or for the employees of the PTCL?

In this connection it seems appropriate to refer to the definition of the expression “telecommunication employees” as defined in section 2 (t) of Act XVII of 1996 “telecommunication employees” means the employees of the Corporation who are transferred to the employment of the company under this Act, other than those to whom sub-section(3) of section 36 applies, and all persons, who, on the effective date for the Company, were employees of the Corporation, the former Telegraph and Telephone Department of the Federal Government and are receiving, or are   entitled   to  receive,   pensionary   benefits   from the Corporation.

It would, therefore, appear that the benefit from the trust shall admissible to the transferred employees those employees who were transferred to the Company on 1st January, 1996 whose terms and conditions of service were protected and guaranteed by the Federal Government The employees recruited after 1st January, 1996 their terms and conditions   will   be   in   accordance   with   the   contract appointment,

(ii)     Are the rights of the transferred employees protected under the Act and shall continue till the continuance of the Company. The issue is answered in the affirmative keeping in view the provisions of proviso of sub-section(2) of section 36 read with sub-section (2) of section 36 of Act XVII of 1996.

(iii)    Whether increase in pension of Federal Government is also allowed to transferred employees of the PTCL the issue is answered  in  the  affirmative  because  their  terms  and conditions have been guaranteed by the Federal Government.

(iv)    Whether the Board of Trustees can make rules regarding the administration   of pensionary   benefits.   The   terms   and conditions of transferred employees have been guaranteed by the Federal Government and no rules in any way adversely  affecting those guaranteed rights can be made. However, procedural rules can be made without in any way adversely affecting the protected rights.

(Muhammad Azam Warraich)

Legislative Adviser

11th March, 2013

Senior Legislative Adviser

Ministry of Law and Justice Opinion on PTCL transferred employees and pensioners (Page 1/2)

Ministry of Law and Justice Opinion on PTCL transferred employees and pensioners (Page 1/2)

 

Ministry of Law and Justice Opinion on PTCL transferred employees and pensioners (Page 2/2)

Ministry of Law and Justice Opinion on PTCL transferred employees and pensioners (Page 2/2)

2 Comments


  1. Thanks Allah Mian.

    Ab scales kub milain gay bhai….


  2. THANKS TO ALMIGHTY ALLAH THAT OUR BURECRACY AWOKE & LEGAL OPNION BY LAW MINSITRY CLEAR CUT NOTIFICATION BY THE MINSITRY OF IT&T ISSUED LETTER TO PRESIDENT CEO PTCL,CHAIRMAN PTET & TO THE HONOURABLE SUPREME SUPREME COURTS AS WELL AS TO THE ALL HIGH COURTS IN PAKISTAN, CLARIFY TRANSFERED EMPLOYEES/PENSIONERS OF PTCL.
    NOW THE DUTY OF PTCL & PTET WITHOUT ANY FURTHER DELAY ARRANGE TO PAY OF PENSION ARREAR DIFFERENCE OF PENSION AMOUNT AMONG PTCL PENSIONERS.
    HOPE UNDERSTAND BY THE ADMINISTRATION IN THIS REGARD TO AVOID ANY LAW & ORDER SITUATION CREATE.

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