141/2017 Const. P. Muhammad Usman (Petitioner) V/S PTCL and Ors (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Zulfiqar Ahmad Khan
141/2017 Const. P. Muhammad Usman (Petitioner) V/S PTCL and Ors (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Zulfiqar Ahmad Khan Order Date: 19-DEC-19
Subsection 2 of Section 36 of Pakistan Telecommunication (Re-Organization) Act, 1996 enabled an employer, with the consent of the transferred employee, to award appropriate compensation in lieu of whatever benefits they could have gained at the end of their tenure. These employees were given service benefits, which were not even matured at the time the employees opted VSS, hence it cannot be said that any guarantee or secured right was arbitrarily snatched by the employer. These employees could have continued to serve without opting VSS. VSS is a binding contract and nothing about its unconstitutionality was established nor is there any substance to render it as void under the Contract Act. In the entire scheme of Pension Act and rules there is nothing to prevent the employees from entering into a contract (for any prompt gain) in bargain with their post retirement or pensionary benefits.