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Employees of previous establishment

Employees of previous establishment legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2013 PLC(CS) 324 KARACHI-HIGH-COURT-SINDH Judicial Precedent
S. 6Constitution of Pakistan, Art.199Constitutional petitionPolicy, enforcement ofRe-organisation of BankEmployees of previous establishment

Petitioners were officials of erstwhile Agricultural Development Bank of Pakistan who had become officials of Zarai Taraqiati Bank

Plea raised by petitioners was that they were entitled to those pensionary benefits as had been prescribed for Federal Government employees from time to time

Validity

Bank having adopted same policy, therefore, it was obliged to give benefits to those officers / executives who retired during relevant time and such benefit could not be denied

High Court directed Zarai Taraqiati Bank Limited to fulfill its obligation in terms of policy and to pay those amongst petitioners who had retired on or after 1-7-1999, the arrears, which might have become due to them in terms of the policy and to continue to pay to petitioners their pension/family pension in consonance therewith

Petition was allowed accordingly.

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Precedents & Case Laws citing "Employees of previous establishment"

PLC(CS) 2013
Constitutional Petition No.D-3200 of 2011, decided on 9th April, 2012.

2013 P L C (C

Mrs. KANEEZ FATIMA ABRO and 9 others Versus PRESIDENT, ZARAI TARQIATI BANK LTD. and 2 others

Court: Sindh High Court
PLC 1981
Miscellaneous Appeal No. 68 of 1978, decided on 19th July 1980.

1981 P L C 9

PAKISTAN SHIPPING CORPORATION, KARACHI Versus SIND EMPLOYEES' SOCIAL SECURITY INSTITUTION, KARACHI

Court: Karachi High Court
PLC 1993
W.P. No. 1241 of 1991/BWP, decided on 2nd November, 1991.

1993 P L C 706

WORKERS ITTEHAD UNION (REED.) PUNJAB SEED CORPORATION Versus REGISTRAR, TRADE UNIONS and others

Court: Lahore High Court
PLD 1992
Writ Petition No.9756 of 1991, decided on 1st December, 1991.

P L D 1992 Lahore 68

and 2 others‑‑Petitioners Versus GOVERNMENT OF PAKISTAN through Secretary,

Court: ‑‑‑‑ Art. 4 as substituted by Transfer of Managed Establishments (Second Amendment) Ordinance (XY‑NIII of 1991) ‑‑‑ Constitution of Pakistan (1973) Art.199 ‑‑‑ Unsuccessful bidder whether aggrieved person ‑‑‑ Petitioner being an unsuccessful bidder was not an aggrieved person within the meaning of Art.199 of the Constitution so as to maintain Constitutional petition; moreso, when Federal Government had retained a right to accept or reject the offer made by bidders and accepted the highest bid offered by the respondent bidder.
SCMR 1992
C.P.LA.No.483‑L of 1992, decided on 9th July, 1992.

1992 S C M R 2121

WORKERS' UNION, UNITED INDUSTR'E‑.S LTD. FAISALABAD ‑‑‑Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Law and 4 others‑‑‑Respondents

Court: Supreme Court of'Pakistan
PLC(CS) 2003
Civil Appeal No. 1932 of 2000, decided on 5th March, 2003.

2003 P L C (C

Khawaja ABDUL HAMEED NASIR and others Versus NATIONAL BANK OF PAKISTAN and others

Court: Supreme Court of Pakistan
PLD 1993
Civil Petition No.748‑L of 1992, decided on 2nd December, 1992.

P L D 1993 Supreme Court 70

INDUSTRIES LTD., SHEIKHUPURA ‑‑‑ Petitioner Versus THE GOVERNMENT OF PAKISTAN through Minister

Court: S. 5‑A amended by Hydrogenated Vegetable Oil Industry (Control and Development) (Second Amendment) Act (XI of 1992) ‑‑‑ Sale of State owned industrial unit ‑‑‑ Petitioner workers bid to purchase State owned industrial unit was not accepted ‑‑‑ Petitioner's Constitutional petition against rejection of their bid dismissed ‑‑‑ Validity ‑‑‑ Petitioner's claim to purchase industrial unit in question, was based on Memorandum of Agreement between Government and employees union whereby it was agreed that employees would be provided all opportunities to purchase a unit if they made a bid and would also have right of negotiation on the highest bid ‑‑‑ Right given to the employees by Memorandum of Agreement to purchase State‑owned industrial unit was of a very general nature and during negotiations that ensued in connection with the consideration of the bid, the law underwent a change; statutory provision which existed on the date of the final decision was that the management could be given only to that group of employees which was recognised by the Federal Government to have been formally constituted as such ‑‑‑ Where after submission of petitioner's bid nearly fifty per cent. (50%) of the members of petitioner group had disassociated themselves from the petitioner and even recognised representative of the workers viz. C.B.A., was not supporting their bid, no fault could be found with the decision of Authority in rejecting bid of petitioner and deciding in favour of ex‑management (respondent) whose bid was ultimately higher than that submitted by the petitioner ‑‑‑ Petitioner's plea, that law as it obtained on the date of the bid i.e. 17‑10‑1991 governed the cause and amendment made thereafter on 27‑4‑1992 in S.5‑A by Ordinance VII of 1992 did not affect the right of the parties, was found to be untenable‑‑ Respondent (purchaser of industrial unit) however, gave undertaking that in case members of petitioner group were given a "golden band shake" or their services were dispensed with, all benefits and privileges eligible to such employees under terms of Memorandum of Agreement would be extended to them notwithstanding that they might not have opted so far to avail such benefits, for any reason‑‑‑Such assurance was duly noted by Supreme Court.
PLC(CS) 1984
Appeal No. GA‑493 of 1983, decided on 30th April, 1984.

1984 P L C 1291

SHAUKAT ALI TAHIR Versus HABIB BANK LTD.

Court: Labour Appellate Tribunal Punjab
PLC 1976
Application No. 62 of 1972, decided on 31st March 19.73.

1976 P L C 652

REGISTRAR OF TRADE UNIONS Versus PAK CIVIL AVIATION EMPLOYEES' UNION

Court: High Court
SCMR 2003
Civil Appeal No. 1932 of 2000, decided on 5th March, 2003.

2003 S C M R 1030

Khawaja ABDUL HAMEED NASIR and others — Appellants Versus NATIONAL BANK OF PAKISTAN and others — Respondents

Court: Supreme Court of Pakistan