M. ASGHAR JANJUA vs FEDERATION OF PAKISTAN — 2026 PLC(CS) 360 SUPREME-COURT

Case information

Citation: 2026 PLC(CS) 360 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: PLC
Parties: M. ASGHAR JANJUA vs FEDERATION OF PAKISTAN
Subject matter: Labour

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

M. ASGHAR JANJUA VS FEDERATION OF PAKISTAN. Employees of Pakistan Steel Mill (PSM)---Vires of amendment in Gratuity Rules---Withholding of financial benefits / gratuity---Doctrine of sub silentio---Scope---Decision of High Court on the basis of financial constraints of PSM instead of legal / constitutional grounds---Legality---Every employee is entitled to the payment of his full and final settlement on his superannuation---Non-payment of gratuity has nothing to do with losses or financial crunch, quite the reverse, the amount of gratuity, provident fund and pension is an inherent / vested right of every retired employee which is deep-seated in the Industrial Relations and Civil Service Laws---Every employer without any pretext or deferment is bound to pay off this liability immediately on the eve of retirement rather than delaying or shelving this vested right for an indefinite period or putting this obligation in a state of uncertainty---Many crucial questions of law were raised by the petitioners which were not considered by the High Court but the substrata of decision paid attention only to the alleged financial crunch rather than adverting to the spectrum of plea of vires of amendment in the Gratuity Rules including the other claims / benefits on the touchstone of applicable laws, thus, the judgment of High Court was also hit by the doctrine of "sub silentio"---Civil petitions were converted into appeals and were allowed.

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