MoIT Letter to Ministry of Law and Justice for Seeking Opinion on PTCL employees status and pension rules 2012
Government of Pakistan
Ministry of Information Technology
(IT & Telecom Division)
Subject: OPINION ON PAKISTAN TELECOMMUNICATION EMPLOYEES TRUST FUND (PENSION) RULES, 2012.
Refer Law, Justice & P.A Div. U. 0 No. 170/2013 D & L, dated 27th February, 2013
2. History of the Case:
It is submitted that according to repealed pension Rules, such rules were included in the Trust Deed dated 2 April, 1994, whereas new rules have been prepared under the power conferred by Section 44(9) of Pakistan Telecommunication (Re-Organization) Act, 1996, (the Act).
3. “he Ministry of Information Technology notified the PTET (Pension) Fund Rules, 2012 on May 22, 2012 vide gazette notification no. S.R.O 525 (1)/2012. The said Notification was issued after due consultation with stakeholders and vetting from Ministry of law & Justice.
4. In the light of proviso of sub section (1) of Section 36 of the Act, it is mentioned that “Provided that the Federal Government shall guarantee the existing terms and conditions of service and rights, including pensionary benefits of the transferred Employees”. Forgoing provisions in view of the Act it is categorically mentioned therein that protection lo the rights including pensionary rights of all the transferred employees are guaranteed by the Federal Government from the promulgation of the Act.
Further, by virtue of sub-section (?) of Section 44 of the Pakistan Telecommunication (Re-Organization) Act, 1996, it is mentioned that “The Board of Trustees may, with the approval of the Federal Government and by notification in the official Gazette, make rules for the management and conduct of business of the Trust”.
Question of Law Involved:
5. Keeping in view the above all, Ministry of Law, Justice and Parliamentary Affairs is requested to provide valued opinion on the following points of Law:
i. Whether PTET trust is only for transferred employees or for all employees of
ii. Are rights of transferred employees protected under the Act and shall
continue till he continuance of the Company?
iii, Whether the increase in pension by the Federal Government is also allowed
to the transferred employees of PTCL?
iv. Whether the Board of trustees can make rules regarding administration of pensionary benefits or otherwise, give opinion on “the management and conduct of business of the trust”, as provided in section 44(9) of the Act.
6- it is submitted that various complaints were made by the old transferred employees of PTCL to the different Courts of Law as well as to this Ministry and alleged therein that the PTET (Pension) Fund rules, 2012 are illegal, unlawful and against the rights of the old Employees of PTCL. It is further included that the parliamentarians have also given instructions to not to frame any Rules which are against the benefits of the old transferred employees and grant the increase in pension as per government orders from time to time.
7. Therefore, it is requested to advise and provide your opinion on the
questions raised in paragraph 5, above to meet the justice.
(Hamid Ullah) Section Officer (Coord)
Secretary. Ministry of Law & Justice. Government of Pakistan. Islamabad. MOITT U.O.No.7-3/2011-Coord dated 4th March, 2013
Member (Legal) PSO to Secretary IT