2011 SCMR 259 (PLP)
IMTIAZ ALI and another — Applicants Versus HABIB BANK LIMITED — Respondent
| Citation | 2011 SCMR 259 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasir-ul-Mulk and Jawwad S. Khawaja, JJ |
| Parties | IMTIAZ ALI and another — Applicants Versus HABIB BANK LIMITED — Respondent |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2011 SCMR 259 (PLP)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 259 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasir-ul-Mulk and Jawwad S. Khawaja, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 259 (PLP) (IMTIAZ ALI and another — Applicants Versus HABIB BANK LIMITED — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.M. Zafar, Senior Advocate Supreme Court, Ali Zafar, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Respondent.
- Abdul Rahim Bhatti, Advocate Supreme Court (as amicus curiae) on Court's notice.
- 2. Notice of the application was given to the Bank and during the course of subsequent hearing of the application, the Court appointed Mr. Abdul Rahim Bhatti, Advocate Supreme Court as an amicus curiae to assist the Court in the matter. The Bank was represented by Mr. S.M. Zafar, Senior Advocate Supreme Court.
- 4. We are thankful to the amicus curiae Mr. Abdul Rahim Bhatti, Advocate Supreme Court for his valuable assistance and to Mr. S. M. Zafar, Senior Advocate Supreme Court, for his efforts in bringing about the settlement.
Headnotes / Summary
(On application of Imtiaz Ali and another, former employees of the Habib Bank Limited).
Art. 184
Retrenchment of employees under a Scheme
Payment of additional sum to retrenched employees as ex-gratia payment
Case initiated on application of former employees of the Bank, pertained to the retrenchment of 2343 employees made pursuant to a Retrenchment Scheme for "all Manual/non-clerical Employees" of the Bank
Representatives of the retrenched employees and management of the Bank, entered into negotiation for some settlement, whereby the Bank agreed to pay an additional sum as ex-gratia payment to retrenched employees
Representatives of the retrenched employees had left to the Supreme Court to determine the reasonableness of the additional compensation which was fair in the circumstances
Offer made by the Bank, was duly accepted and retrenched employees would be paid additional ex-gratia payment in accordance with terms of the offer. Applicants in person. Abdul Rahim Bhatti, Advocate Supreme Court (as amicus curiae) on Court's notice.
Judgment & Decree
NASIR-UL-MULK, J.
This Human Right Case initiated on the application of Imtiaz Ali and Sabit Khan, former employees of the Habib Bank Limited, (hereinafter referred to as "Bank") pertains to the retrenchment of 2343 employees of the Bank, made pursuant to a Retrenchment Scheme for "all Manual/Non-Clerical Employees" of the Bank, dated 13-2-2006.
2. Notice of the application was given to the Bank and during the course of subsequent hearing of the application, the Court appointed Mr. Abdul Rahim Bhatti, Advocate Supreme Court as an amicus curiae to assist the Court in the matter. The Bank was represented by Mr. S.M. Zafar, Senior Advocate Supreme Court.
3. Full-fledged arguments were addressed by the learned counsel for the Bank as well as the learned amicus curiae. At the conclusion of the arguments, upon our intervention, the representatives of the retrenched employees and the Management of the Bank, with the assistance of the learned counsel for the Bank and the amicus .curiae, entered into negotiation for some settlement. The Bank eventually agreed to pay an additional sum of Rs.820,050 million as ex-gratia payment to the 2343 employees retrenched under the Bank's Order dated 10-3-2006 at the rate of Rs.350,000 per retrenched employee. The representatives of the retrenched employees left it to us to determine the reasonableness of the additional compensation which in our view was fair in the circumstances. The offer made by the Bank in writing, copy of which is placed on file is, therefore, duly accepted and the retrenched employees numbering 2343 shall be paid the additional ex-gratia payment in accordance with the terms of the offer.
4. We are thankful to the amicus curiae Mr. Abdul Rahim Bhatti, Advocate Supreme Court for his valuable assistance and to Mr. S. M. Zafar, Senior Advocate Supreme Court, for his efforts in bringing about the settlement.
5. This human right case is disposed of in the above terms. H.B.T./I-2/SC Case disposed of.