PTCL Unions Writ Petition in Islamabad High Court Challenging VSS Scheme
BEFORE THE HONOURABLE ISLAMABAD HIGH COURT ISLAMABAD
Writ Petition No.2684/2012
1. Pak Telecom Labour Union through its General Secretary Ammad ul Hassan Qureshi, House No. F 9, PTCL Gp Rawalpindi Cantl.
Pakistan Telecom Lines Staff Union E-16, Halal roj$* fi£J Rawalpindi through Malik Maqbool Husaain
3. PTCL Mazdoor Dost Union through its General Secretary Malik Habib Ur Rehmaa House No.437, Street No70, Sector G-6/4 Islamabad
4. Pak Telecom Lines Unity, 1.1 Chandrigar road, Telephone House, room No. 54 Karachi through its Deputy Secretary General Khalil Ahmad Qureshi
1. Pakistan Telecommunication Company Limited, through its President, PTCL Headquarter, Sector G-8/4 Islamabad.
2. Federation of Pakistan through Secretary Ministry of Information Technology, Evacuee Trust Building Fourth Floor, Sector F-5/1, Islamabad
3. Privatization Commission of Pakistan 5-A EAC Building Constitution Avenue, through Secretary Privatization Commission
WKrri’bTmONUNUBIiAKnCLE199READWITi[ARTICLE187 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN
Form No: HCJD/C-121
IN THE ISLAMABAD HIGH COURT ISLAMABAD
W.P. No. 2684 of 2012
Pak Telecom Labour Union and 03-others
Pakistan Telecommunication Company Ltd. and 02-others.
S. No. of
Order with signature of Judge and that of parties or counsel where necessary.
Hafiz Arfat Ahmed Chaudhry Advocate , for the petitioners.
Petitioners are Phone Business Labour Unions. They have challenged the Voluntary Separation Scheme “VSS” introduced by Pakistan Telecommunication Company Limited, respondent No. 1. Their case is that prior to voluntary Separation Scheme, the respondents are bound to include adhoc relief @ 20% of basic pay, notified by the Federal Government in the salaries of the employees; in addition to that 12% share under Benazir Employees Stock Option Scheme are also to be included in the salaries of the employees It has also been alleged by the petitioners that through Voluntary Separation Scheme, the employees are being forced to leave the service of the company.
2. In the circumstances, call for comments of the respondents, so as to reach this Court, within a fortnight.
CM No. 02 of 2012.
At this stage, M/s Muhammad Munir Paracha and Muhammad Waqar Rana Advocates, for respondents, who are present in Court, accept notice and address the Court. Learned counsel for the respondents submit that about 5000 employees have submitted applications for Voluntary Separation Scheme and by suspending the process of ‘VSS’ those employees would be effected. It is further submitted that the petitioners are not CBA and therefore, do not fall within the definition of aggrieved party. Even otherwise, the required relief can not be sought in writ jurisdiction from the High Court. It is further submitted that the respondents can not retrench the employees through coercior and it is the free will of the employees to accept VSS or refuse the same.
2. In the circumstances, the respondents shall file parawise comments in the main petition as well as reply of the CM for interim relief. After receiving the reply and hearing the parties, instant; CM for interim relief shall be decided.
CM No. 01 of 2012.
Dispensation sought for is allowed, subject to all just and legal exceptions.
2. CM stands disposed of.
(RIAZ AHMAD KHAN)