NATIONAL REFINERY LIMITED vs Syed NIAZ AHMED Pensionary benefits, calculation of — 2022 PLC(CS) 197 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLC(CS) 197 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLC
Parties: NATIONAL REFINERY LIMITED vs Syed NIAZ AHMED Pensionary benefits, calculation of
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NATIONAL REFINERY LIMITED VS Syed NIAZ AHMED Pensionary benefits, calculation of---Scope---Appellants impugned judgment passed by Single Judge of High Court passed in a suit whereby pension claim of respondent was decreed---Contention of appellants was that the service of respondent with the parent employer was not pensionable and hence the transfer of respondent with the appellants was in fact a date of fresh appointment to calculate his pensionary benefits---Validity---Record disclosed that an application of the respondent was forwarded by parent employer of respondent to the appellants and the respondent was issued a letter whereby his services were confirmed---Several facilities were ensured to respondent at the time of his transfer---Pension relating to past service was declined only on account of a decision taken in the meeting of Board of Directors of Petroleum Refining and Petrochemical Corporation (PERAC) and it was at a belated stage that the Board had realized and decided not to make any payment on that account---Decisions taken after the transfer of the respondent could not have retrospective effect---Terms of the service were ensured at the time of respondent's transfer, which could not be lifted unilaterally depriving an employee of his post-retirement benefits or any of the terms of transfer to which he was entitled at the time when he was transferred---No interference in the impugned judgment was required, as such, the appeal was dismissed.

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