2002 PLP (C (PLC(CS))

(v)??????? Liberty to restore these proceedings on or before 4th December, 1998 if the terms of the agreed settlement have not been implemented by 18th November, 1998. Under this consent order the petitioners were paid L 8000 each. The petitioners received the payments/benefits as under:‑‑ (i)???????? K. Tabbani. He was paid the statutory minimum of L 411.78 and payment in lieu of notice as L 411.78. He was offered an alternative position as a typist/clerk, which he did not accept by the deadline of 19‑6‑1997. The job was offer on the same terms and conditions as his job to Luton. (ii)??????? J. Ayub He was paid the statutory reluctancy payment in the sum of L 3990. He was also entitled to 12 weeks' pay in lieu of notice being L 3649.44. He was paid a total of L 7639.44. He was entitled to payment for 17 days accrued holiday amounting of L 1034.01. (iii)?????? M. Hanif He was entitled to the minimum of L 4200 and 12 weeks' pay in lieu of notice being L 3446.04, therefore, he was paid a total of L 7646.04. He also received 153 lays accrued holiday of L 8787.23. (iv)?????? Mr. N. Ali She was paid a redundancy payment of L 5355 and 12 weeks' pay in lieu of notice being L 3872.40, making a total I' 9227.40. (v) ?????? Mr. Z. Khan He was paid a redundancy payment of 2625 and 12 weeks' pay in lieu of notice being L 3091.32, thus making a total of 5716.32. He was also paid for 47 days holiday accrued a sum of L 242.48. (vi) ????? Matloob Chugtai He was offered an alternative position of Recoveries Officer at Machester, which he refused to accept. He was paid the statutory minimum, of L 4410 and pay in lieu of notice of L 4172.04.4 (viii) ???? Mrs. R. Farooqi Redundancy payment of L 4620 and 12 weeks' pay in lieu of notice being L 3613.92, making a total of L 8233.92. She was also entitled to payment for 16 days accrued holiday that had not been taken. (viii) ???? Perveen Akhtar She was entitled to redundancy payment of L 3990 and 12 weeks' pay in lieu of notice being L 4449.96 thus making a total L 8439.96, She was also entitled to 53 days accrued holiday pay. (ix) ????? Muhammad Butt He was paid a redundancy payment of L 4725 and 12 weeks' pay m lieu of notice being L 3654.36, thus making a total of L. 8379.36. He was also paid 26 days accrued holiday pay. (x) ?????? Naseer Siddiqui He was paid redundancy payment of L 3885 and 12 weeks' pay in lieu of notice being L 3518.84 making a total L 7.403.64. He was also paid accrued holiday pay of 292 days. The above stated facts leave not a scintilla of doubt that the petitioners availed all their remedies, under the laws of England, available to them, and A received the payment/benefits under the said law: They cannot be allowed to have a volte face and say that the benefits given to the employees of the Bank based in Pakistan should also be offered to them. They were employed in England/U.K. and their services were governed by the local laws. Having accepted the compensation no benefit can be given to them in accordance with the retrenchment policy applicable in Pakistan. The Hon'ble Supreme Court in the case United Bank Limited through President v. Shahnum Ahmed Khan and 41 others (PLD 1999 SC 990) held that Bank being a commercial organization had to be run on commercial consideration. It having suffered continuous losses for the last several years, it was open to the management to reorganize its working to improve its commercial viability which include the right to dispense with the services of the staff which was found in excess or necessity. No exception could be taken to the retrenchment of the employees if such an action of the Bank was motivated by commercial considerations, and for reasons to run the Bank on profitable lines.

5. For what has been discussed above, these petitions have no merit and are dismissed with no order as to costs. Q.M.H./M.A.K./N‑153/L??????????????????????????????????????????????????????? ?????????? Petitions dismissed.