Reply of Muhammad Tauqeer to Section Officer (Telecom) MOIT&T

A reply sent to Mr.Ishtiaq Ahmad Hiraj,SO (MoIT) after receiving his letter with self-contrived clarification from GM,PTET Ibd#PTET/Cord-Min/2014,dated:06-02-2014.

Muhammad Tauqeer (Sialkot) PTCL Pensioner

Muhammad Tauqeer (Sialkot) PTCL Pensioner

Letter of PTET (PTCL Pension Fund)

To,
Mr.Ishtiaq Ahmad Hiraj,
Section Officer (Telecom),
Ministry of Information Technology,
IT & Telecom Division,
Islamabad.

SUBJECT:GRANT OF INCREASE IN PENSION AND MEDICAL ALLOWANCE TO PTCL PENSIONERS AS ANNOUNCED BY GOVT. OF PAKISTAN.

Sir,

This is with reference to letter bearing No.PTET/Cor-Min/2014 dated 6th February,2014 address to your good self, -conveyed by Muhammad Farooq General Manager, Pakistan Telecommunication Employees Trust, Islamabad on the subject Pension release matter which has totally been based on misconception of law and facts. In order to clarify factual controversies from the law point and facts our humble submission in this regard is as under.
1. That firstly PTET by misapplication of Section 44 (9) of Chapter VII of the Pakistan Telecommunication Re-Organization Act.1996 exercise power to frame and set rule of employment of the Transferred Employee which was against the will of the legislature and ultra vires with Section 35 (2) and 36 of the Act.1996. The Section 44 (9) only empowered PTET to make their own establishment rules for the management and conduct of business of the Trust with the approval of the Federal Government, but through the Gazette Notification dated 22-05-2012 SRO.525(I)/2012 PTET illegally and unlawfully converted terms and condition of Service of the Transferred Employee retired from PTCL from statutory to master and servant and the power exercise was contrary to the law which Ministry of Information Technology I.T.& T.D. Islamabad referred said question of law involved to the Ministry of Law, Justice and Parliamentary Affairs under MOIT U.O.No.7-3/2011-Coord. Dated 5th April,2013 which is re-produced here under:

i). Whether PTET trust is only for transferred employees or for all employees of PTCL?
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 of otherwise, give opinion on “ the management and conduct of business of the trust” as provided in Section 44 (9) of the Act.?

In reply to the issue raised Ministry of Law, Justice and Parliamentary affairs, Islamabad under his No.F.170/2013-Law-I dated 11-03-2013 answered these issues, conveyed by Muhmamad Azam Warraich Legislative Advisor which is re-produced here under:

i). Whether PTET trust is only for transferred employees or for all employees of 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 tot 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 condition will be in accordance with the contract appointment.
ii), Are rights of transferred employees protected under the Act and shall continue till he 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 the increase in Pension by the Federal Government is also allowed to the transferred employees of 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 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.

In view of above submission it is crystal clear that Section 44 (9) is restricted and applicable for the Management and conduct of business of PTET own Organization and Section 46 (2) does not empower to make rule regarding terms and condition of service of Transferred Employee it is restricted to the performance of its function only. As regard to the rule making authority of Federal Government under Section 57 it is for the entire Act and not vested to the PTET as Federal Government under Chapter VII of the Act has determined role, function and power of PTET under Section 44 to 53 of the Act.1996 as such PTET itself cannot initiate action beyond statutory limit in respect of the transferred employee who drawing pension from the Pension Fund manage and control by PTET and Pension is being paid to transferred employee under Section 45 (d) of the Act and regulate under Civil Pension rule as status of Transferred Employee is a Civil Pensioner and Pension rule of the Federal Government shall be applicable by virtue of Section 36 (4) of the Act.1996 as such PTET cannot act contrary to the law and must have obey the direction of the Federal Government who assumed responsibilities for Pensionary benefit without recourse to the Pension Fund.
2. That PTET has taken stand and claimed that legislature has invested the Trustees with the exclusive right under Section 46 (2) (a) to determine the amounts, if any payable in respect of Pensionary benefits to the Telecommunication employees, it is submitted that this exclusive rights has been vested to PTET for disbursement of the total Pension amounts to be paid to all Pensioners which will be vary from month to month due to increase and decrease of the number of Pensioner it does not mean that legislature has empowered PTET to determine entitled Pension of the transferred employee and suppressed Section 36 (4) and change effect as provided under Section 46 (d) whereas PTET by legislature bound to make provision for the payment of Pensions to the extent of Pensioner’s entitlement. The legislature has use the word amounts for the disbursement of the Pension and use the word payment for the entitlement of pension of the transferred employee hence PTET has mis-interpreted statute for their ulterior motives with the collusion of a Public Limited Company (PTCL).

3. That Section 53 of the Re-organization Act.1996 provides that Trust shall be wound up by the Federal Government as such PTET is s statutory body and Honourable Supreme Court in the reported judgment 2012 SCMR 153 has set the Para meters of the terms and condition of service of the transferred employee under Para 15 to 18 which is statutory for all purpose and intent.
4. That PTET has no authority to interfere on behalf of PTCL if Federal Government and PTCL are the author of Trust than PTET must have obey the direction since it is the Federal Government who under Section 36 of the Act 1996 is the guarantor of existing terms and condition of service of the Petitioner and in accordance with sub Section 3 on transfer of the transferred employee from PTC to PTCL Federal Government Pensionary responsibility assumed by PTCL under Section 36 (5) of the Act.1996 therefore PTET in such condition has no authority to make any cut on Pensionary benefits or determined entitled Pension or frame rule for terms and condition of service of the transferred employee.
5. That Board of Trustees under Section 44 (9) has vested right to make rule for their own Management and they have no right to make rule of the Pensioner who never remain in their employment or make their terms and condition of service from statutory to master and servant.
With best regards,

Muhammad Tauqeer,
Deputy Convener,
All Pakistan PTCL Pensioners Action Committee.

Copy to,

1.The General Manager,Pakistan Telecom. Employees Trust,
Office#18,TELEHOUSE,G-10/4,Kashmir Road,Islamabad.
2.Dr.Muhammad Farooq Sattar,Parliamentary Leader of MQM,
J-201,Parliament Lodges,Islamabad.

2 Comments

  1. Rashid Iqbal says:

    Accept my heartiest congratulations by sending such a nice and comprehensive reply. This would depict clear picture to our basic right to the rulers as well as judiciary. If they have any human quality, they should decide to give the benefits to the pensioners which they snatch since long. If the implementation of law is taking place in this country, all the problems can be solved. May Sleeping concious of the big three pillers as well as media may play its positive role in this regard

    I hope we will get our rights soon Inshallah

  2. ghulam Mustafa Bhatti says:

    A.O.A THANKS FOR SENDING NICE INFORMATION IN THIS REGARD = PLEASE GOOD JOB .PLEASE AND MORE INFORMATION / NOTIFICATION BE SEND THIS END PLEASE BEST REGARDS PLEASE

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