ABDUL REHMAN vs PAKISTAN STEEL MILLS CORPORATION and others
This matter concerns a civil miscellaneous application filed by the petitioner seeking legal representation after having been unrepresented during the hearing of the main petition. The petitioner challenges the refusal of the respondent, Pakistan Steel Mills Corporation, to allow him to withdraw his option for voluntary retirement. The petitioner contends that he sought to retract his retirement option within the prescribed time and before receiving any retirement benefits, noting that other similarly situated employees were permitted to withdraw their options and continue their employment. The petitioner relies on a prior judgment of the Federal Service Tribunal regarding the same organization. The Supreme Court, in this order, grants the application for legal representation as a special case and issues notice to the respondent-management to appear and assist the Court in resolving the dispute regarding the discriminatory treatment in the withdrawal of voluntary retirement options.
- Can an employee withdraw their option for a Voluntary Retirement Scheme before availing of any retirement benefits?
- Does the refusal to allow an employee to withdraw a retirement option constitute discriminatory treatment if other employees were granted such permission?
- Is a petitioner entitled to legal representation as a special case if they were unrepresented at the initial hearing?
ORDER
Civil Miscellaneous Application No,634-K of 2005 ' Civil miscellaneous application filed by Miss Wajahat Naz, learned Advocate-on-Record seeking permission for appearance of Mr. M. Muzaffarul Hach learned Advocate Supreme Court on behalf of the petitioner is granted as a special case, as the petitioner was unrepresented at the hearing of the main petition on 27-9-2005.
2. It is inter alia, contended that petitioner having been induced to opt for retirement under Voluntary Retirement Scheme had withdrawn his option and sought reinstatement well within time and before availing of any of the retirement benefits but the management illegally refused to accept his option whereas many other employees having retraced their options were allowed to withdraw the option and have been serving in the organization. A reference has been made to the judgment of the Federal Service Tribunal, dated 12-2-2004 passed in Appeals Nos.959 and 960(K)
(C.E.) of 2002 re: Sir Gul Khan and another v. Chairman, Pakistan Steel 'Mills, Karachi, copy placed at page 16 of the paper book.
3. Let notice be issued to the respondent-Management with direction to enter appearance and to assist the Court.