Request for Setting Aside Punishment of Transfer 29 Employees of Pakistan Steel

The petitioners were transferred from Pakistan steel Mill to Pakistan Steel Fabricating Company Limited which a 100% subsidiary of Pakistan Steel. The detail of the whole story is under:

  •  In compliance to transfer orders when petitioners submitted their joining in PSFCL, their services were terminated on same day without any posting & framing.
  • The petitioners had filed their petitions in Federal Service Tribunal Karachi, where they had been reinstated with back benefits vide FST reference order No-1640-1772/ rd March, 2001 on same positions.
  • In light of Hon. FST order petitioners were submitted their joining at A&P (Pakistan Steel) along with 128 employees but they were asked to approach Pakistan Steel Fabricating company where they were again to submit another joining in which it is mentioned that petitioners have submitting their joining in PSFCL for further posting in Pakistan Steel, which was very kindly accepted but their P. Nos of 6 digit as placed on top of termination orders are still not rest orated. How ever in this respect petitioners have submitted their grievances but than Management did not
  • The petitioners services transferred under discrimination part of than Management, petitioner termination orders clearly mentioned that their transfer orders are malafide and punishable .As per law no any employees can be transferred on basis of punishment .It was proved before court of Law that it is a discrimination part of respondents .as such their same position is a Pakistan steel not PSFCL because PSFCL did not accept the petitioners transfer orders in true spirit way.
  • The petitioners are still member of Provident Fund (Trust) Pakistan Steel. Provident Fund recovered from their salaries and deposited in Pakistan Steel Fund Trust it means its transaction is still continue.  My question is that when one employees services transferred one organization to another whether Provident Fund contribution is to be deducted for onward deposition into another organizations. All petitioner have issued medical cards with Pakistan steel P. Nos  and they are getting medical facilities with that P. Nos but only they have paid salaries through PSFCL Pay roll which are the against norms of rules, for this act of victimization petitioners have received irreparable losses in shape of monthly monitory benefits ,Bonuses, Promotion and housing scheme as launched by the Management in the year-2006 in spite of that  other employees who have been reinstituted with them  are getting benefits w.e.f.2.2.2000 to till date by  6 digit P. Nos Pakistan steel
  • It is pointed out that in the year-2008 & 2009 Present C.E.O (Pakistan Steel) in its Previous tenure on the grievances of petitioners two committee was formulated comprising on the higher ranking officers for their redresses .The convener of committee has submit their recommendations to the Competent Authority in the light opinion of MG. Dastagir (Legal Advisor)Pakistan steel  as under:-

“In view of foregoing facts and record, Management may refer this case to Board of Directors for consideration/decision in the light of advice of Advocate/Legal Consultant”

  • But regretted to say that recommendations of committees not implemented neither their P.Nos of 6 digit rest orated by the competent Authority. The act of victimization is still continue recently in the month of oct-2012 in line with Government instructions Pay Scale-2011& Allowances  allowed w.e.f.01-07-2011 in Pakistan steel but said orders not implemented upon the petitioners
  • Further more that petitioner Mr. Niamatullah Khan had been promoted from post of AM to Deputy Manager in the year-2011 later which was drawn by the present Management for filing of this petitions and threatened /develop the pressure upon the petitioners’ withdrawal the cases.
  • In the year-2002 Mr. Abdul Shakoor J.O (Pakistan steel P.No-822329) (PSFCL P.No- 01167) were retired from PSFCL service on 9.10.2002 on acceptances of Voluntary Retirement Scheme .The officer filed an appeal in FST against such retirement .FST in its judgment had ordered on 18,2,2004 in appeals no-959 & 960(K)(CE)/2002  was reinstated. First the Management of Pakistan steel he was reinstated in service with PSFCL P.No-01167 vide Memorandum No-A&P/Re-instat/Medical/2004/A4747 dated 29.03.2004 after vide CORRIGENDUM No-A&P/Jo(822329)/PA/2004/A-5745 dated 22,06.2004 his P.No-822329 was rest orated instead of 01167.The officer was given all facilities at par Pakistan steel till to his retirement. How ever Pakistan Steel Fabricating company had issued Last Pay Certificate to the Officer vide No-PSF/Account/LPC/2004/1005 dated 30.06.2004 it means he was on the roll of Pakistan Steel Fabricating Company but the Management not rest orated petitioners Pakistan Steel P.Nos in similar  line of Mr. Abdul Shakoor.
  • The Petitioners had drawn last salaries from Pakistan Steel through 6 digit P.Nos in the month of January-2000 before terminations of their services as such their same position was Pakistan Steel neither Pakistan Steel Fabricating Company. The Petitioners had earlier filed appeal No-129 to 132/2004 at Hon. Federal Service Tribunal  inn FST appeal Nos 231,349,383 & 443/2000 where FST upshot orders to Respondent through order sheet dated 24.02,2006 quoted as under:-

“We direct the respondent to file the LPC of the petitioners by Pakistan Steel. The Respondent PSFCL shall also file the LPC or the statement as to what was the entitlement of Payment of the petitioners after joining the PSFCL adjourned to 12.5.2006.”

But later by the Judgment of the Apex court dated 27.06.2006 in civil appeals No-792 to 816/2005 etc all the cases were stand abated in the Hon. F.S.T.

Present Status of the Case

Matter is that to resolve the issue present CEO (Pakistan steel) in his previous tenure of chairman had ordered to constitute a higher ranking Committee vide order No-A&P- 09-13/39/(P&C)?461 dated 4.2.2009.Accordingly a higher ranking Committee under the convener ship of than  APEO(HRD) Mr. Qaisar Saleem formulated a committee.

The Committee had submitted its report with the recommendation that:-

“In view of foregoing facts and records Management may be refer this case to Board of Director for consideration/decision in the light of advice of advocate/legal consultant”

The opinion of the legal advisor was also obtained and the legal advisor had also advised to resolve the matter through approval of Board of Director.  After fulfill the formalities lastly file was sent to DGM Account & Cost Pakistan Steel vide diary no-1902 dated 12.8.2009.After briefing by CEO (PSFCL) to MD of Pakistan steel on 8.9.2009 once again a letter dated 11.9.2009 was written to DGM (Account &Cost) by CEO (PSFCL) to expedite the case but no action at their end had not communicated to PSFCL. The original file is pended at Pakistan steel.

Moreover that I have again approach to Prime Minister Secretariat & Minster of MOP in the month of DCE-2012 where my appeal was examined and in pursuance of Prime minister Secretariat ( Scan Copy of  letter delivered you) MOP Islamabad had wrote a letter (Mr. Awais)Co-ordinate officer vide  MOP Letter no-10(1)2012- Steel-II(P.t) dated 28,01,2013 to Act. General Manager (Mehmood Abass Shah) for views /Comments but Pakistan steel Management did not responded to the appellant authority.

(A Post by Safdar Hussain Parwaz Cell# 03214310308)

 

 

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