Article-179[ Regarding draft sample of reply to GM PTET for those PTCL pensioners petitioners of grade17 & above.]

 Article-179

To the General Manager,  

Pakistan Telecommunication Employees Trust (PTET),  

Tele House # 18, G-10/4,  

Islamabad.

Subject: Compliance with the Judgment Dated 02-11-2021 by the Honourable Islamabad High Court

Reference: Your letter  No. Pen/PTET/IBA/7682 Dated 10-06-2024

Dear Sir

I hope this letter finds you well. I am writing in response to the above-referenced notification concerning the classification of my employment status during my tenure with T&T from 17th May 1969 to 1st January 1991. It appears there has been an error in classifying me as a 'workman,' affecting my eligibility for the pension increase as per government provisions.

Upon reviewing the definitions under the Workmen's Compensation Act, 1923, and the Factories Act, 1934, it is clear that my employment with T&T does not fit within the 'workman' parameters. The Factories Act applies specifically to factory-related activities, which were not my duties. The Workmen's Compensation Act excludes individuals employed in roles other than manual labor or outside the company's core business functions, particularly administrative or technical roles requiring a distinct skill set.

PTET is responsible for granting monthly pensions to Telecommunication Employees as defined in Section 2(t) of the Pakistan Telecommunication (Re-organization) Act 1996. This definition includes all transferred employees, whether working or retired from T&T, and subsequently from the Corporation to PTCL as of 1st January 1996. According to Section 46(1)(d), the Board of Trustees is responsible for the payment of GoP pensions to such retried   Telecommunication Employees  to the extent of their entitlement. 

Where also , the  Supreme Court, in its order contained in 2015 SCMR 1472, clarified that the Board of Trustees is bound  to grant GoP-announced pension increases to all PTCL employees ( who are called Telecommunication Employees  ) transferred from T&T  to Corporation and then to Company and then retired from Company. The SCP did not  debar any such transferred employee  for the entitlement on the context that he/she was working as workman in T&T  Department and was not civil servant.  The board of trustees paying the GoP announced pension to the retired Telecommunication Employees  accordingly since from 1st Jan 1996 . The PTCL has no role for granting pensions as this responsibly relates to PTET for the payment of GoP announced pension from Pension Fund 

My career at T&T, starting as a Clerk in 1969 (Grade-4), advancing to Internal Technician (Grade-8) after the departmental technician exam, and retiring as an Assistant Engineer (B-16), consistently involved administrative and technical responsibilities. These roles do not align with the legal definition of a 'workman.'

The Islamabad High Court's judgment dated 02-11-2021 supports my right to the pension increase, recognizing the diversity of roles within organizations like T&T. It ensures that employees in positions such as mine are not unjustly categorized and deprived of earned benefits.

I urge you to reconsider the assessment of my employment status in compliance with the Islamabad High Court's judgment. Misclassification affects the well-being of employees and undermines the principles of fairness and justice.

Thank you for your attention to this matter. I look forward to your prompt and favorable response.

Yours sincerely,

(Zafer Ali)

Retired Assistant Engineer (B-16) Switching Internal  

PTCL

 PPO #________________

 CNIC#_______________