Republish of Article -96 Dated 22th July 2019 in english through ChatGPT-4

 نوٹ: میں نے EOBI کے بارے میں جو تین آڑٹیکلز  96, 97, اور 99  جولائی 2019 کو اردو میں  تحریر کئیے تھے جنکو 15 اگست 2024 کو آپ لوگوں کے لئیے ایک بار پھر فیس بک اور واٹس ایپس پر اپلوڈ کئیے تھے انھی تمام تینوں آڑٹیکلز کو ChatGPT-4 کے زریعے انگلش میں ترجمعہ اور تصحیح اختصار  سے کرواکر  پیش کررھا ھوں.

(طارق)

Date 17-8-2024

Article -96  in dated 22th July2019  in english through ChatGPT-4

Title: Understanding EOBI Pension Eligibility for Retired PTCL Employees: 

A Comprehensive Guide

Note:Currently, PTCL's retired employees, who retired before July 1, 2012, are trying to understand why they are not receiving EOBI pensions. It is crucial for them to know that PTCL only registered those employees with EOBI who were part of PTCL on July 1, 2012. According to the Islamabad High Court's ruling on May 17, 2012, and as per the EOBI Act, PTCL was required to register all employees who transferred from the Corporation  to Company on January 1, 1996. Additionally, these employees were themselves obligated to register with EOBI, but they failed to do so.As a result, the employees registered with EOBI on or after July 1, 2012, began receiving their monthly EOBI pensions upon reaching the age of 60, after PTCL paid the outstanding contributions in three installments from  January 1, 1996. from their monthly salary. 

It is important to remember that under Section 22(1) of the EOBI Act, persons become eligible for the EOBI pension at the age of 60, provided they have at least 15 years of employment & payment contribution.Women, on the other hand, become eligible at the age of 55, with the same employment duration requirement. However, under Section 22(2) of this Act, an exception is granted for men who were 40 years old or older at the time of the Act's implementation on July 1, 1976, or when the Act came into effect. These persons can qualify for the EOBI pension with a minimum of seven years of contribution. Similarly, women who were 35 years old at that time are eligible with at least five years of contribution.

Some retired PTCL employees, who retired before July 1, 2012, and were deprived of the EOBI pension, appealed to the EOBI Adjudicating Authority to grant them the pension. In response, the EOBI Adjudicating Authority ordered the registration of these Ex-PTCL employees with EOBI.

Several individuals approached me, seeking guidance on the process of registering with EOBI after retirement. In response, I wrote Article 96 and subsequently Articles 97 and 99, which I am republishing below for your awareness. These article also provides detailed information on the decisions of the Islamabad High Court and the Supreme Court. Please read carefully and in order to fully understand the matter.

Best regards,  

Tariq  

August 15, 2024

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Article-96[ Regarding EOBI Adjudicating Authority ruling for the registration of all Ex-PTCL employees with EOBI and to issue them EOBI registration cards from the date excistance of PTCL ie 1st January  1996, when they became  part of service PTCL and onwards.]

Note: This article discusses the issue of registering PTCL employees with the EOBI (Employees' Old-Age Benefits Institution) and issuing them EOBI registration cards, specifically for those who were employed when PTCL was established on January 1, 1996. The EOBI Adjudicating Authority has ordered that all former PTCL employees who worked on or after this date should be registered with EOBI and issued registration cards.

I am highlighting the importance of understanding this issue, which could benefit both current and former PTCL employees . Mr. Ehsanullah from Rawalpindi, who retired from PTCL under VSS in 2008 and was not receiving a pension due to having less than 20 years of service. Ehsanullah described  that he and others had filed a case against EOBI in 2016, similar to one filed by Ghulam Sarwar and 60 others from Quetta, which is still pending a decision.

During the conversation, Ehsanullah revealed that EOBI is not making payments to them, despite a court ruling in their favor. I was surpriseed as I  was unaware of any such ruling. Ehsanullah promised to send a copy of the court order. I  emphasized my  ongoing efforts over the past seven years to motivate PTCL pensioners and seek a resolution through legal and judicial means, aiming to secure government pensions for PTCL pensioners.

Before discussing the court order mentioned by Mr. Ehsanullah, which he recently sent me, I want to  first explain the background of the Employees' Old-Age Benefits Institution (EOBI) and PTCL's negligent role. PTCL deprived over 35,000 former employees, who had been part of the company since its inception on January 1, 1996, of their rightful EOBI pensions.

The EOBI was established under the EOB Act of 1976 to provide pensions to workers in Pakistan's industrial, commercial, and other sectors during old age, disability, or after their death to their widows and children. PTCL, established as a private entity on January 1, 1996, should have registered itself and its employees with the EOBI within 30 days, ensuring monthly contributions from employees’ salaries for their future pensions. However, PTCL failed to do so.

EOBI issued notices to PTCL in 1998, demanding contributions from January 1, 1996, but PTCL refused, claiming it was a statutory body exempt from the EOB Act. EOBI rejected PTCL’s defense and proceeded with registering the company and its employees. PTCL challenged this registration but lost the case in the EOBI Adjudicating Authority. Despite further appeals, including one to the Supreme Court, PTCL's petitions were dismissed, reaffirming the requirement to register and contribute to EOBI for its employees.

After PTCL's constitutional petition was dismissed by the Islamabad High Court on May 17, 2012, PTCL finally registered all its current employees with the EOBI effective from January 1, 1996, by July 1, 2012. They obtained EOBI registration cards for these employees and paid the outstanding contributions due since January 1996. PTCL also recovered the contribution amounts from employees' salaries in three installments.

Remember, the employees working in PTCL, who were transferred from PTCL to PTCL on 1st January 1996, will now be called company employees. Therefore, it was mandatory to register them with EOBI in PTCL, and then registered employees were also required to receive EOBI pension, although they were supposed to receive government pension upon retirement. It couldn't be terminated because they were government transferred employees to whom the Protection granted in the PT (Reorganization) Act 1996 ensured that government of Pakistan's statutory rules would apply during employment in the company. In this regard, the judgment of Masood Bhati case in October 2011 was very clear.

The government laws (Statutory Rules) will apply to employees who were transferred from there to become part of PTCL on 1st January 1996. So, any PTCL employee registered in EOBI according to the law will start receiving EOBI pension at the age of sixty upon retirement and at age of 55 years for female employee.  They will receive both the government pension and EOBI pension upon retirement, except if they opt for premature retirement after twenty years of service, in which case the government pension will start as soon as they choose premature retirement, while the EOBI pension will start when they turn sixty and female employee at age of 55. If their demise occurs before sixty, their widow will start receiving the EOBI pension immediately without any deductions, while the government pension will be received by the widow according to government pension laws. This same process will apply to female registered employees as well, with the only difference being that female registered employees will start receiving EOBI pension at the age of fifty-five, whether they opt for premature retirement or not, and regardless of whether they are under service.

PTCL administration did not register the company or the employees who transitioned from the corporation on 1st January 1996 within thirty days, which was a highly illegal act. When they remained completely silent, EOBI issued them a notice to collect contributions for all PTCL employees from 1st January 1996 under Sections 9 and 9B of the Employees' Old-Age Benefits Act 1976 in 1998. PTCL refused to pay and said PTCL is a Statutory Body, so they are not bound by the EOB Act 1976, Clause 47(f). However, EOBI rejected their excuse and issued a show-cause notice, then proceeded to register PTCL with EOBI in order to register all their employees with EOBI. PTCL challenged this registration before the Adjudicating Authority of EOBI under Section 33 of the EOB Act 1976.

EOBI Adjudicating Authority is the legal institution that resolves legal issues of registered individuals in it, referred to as insured individuals, under the Employees' Old-Age Benefits Act 1976, and appeals against its decisions are made in the High Court.] So, EOBI rejected PTCL's appeal under Section 35 of the EOB Act 1976. In March 2007, EOBI sent PTCL a notice demanding registration of employees and payment of their contribution arrears. In response, PTCL filed a constitutional petition in the Lahore High Court under Article 199 of the Constitution. This constitutional petition was then transferred to the newly established High Court in Islamabad, namely the Islamabad High Court, where their petition against PTCL was dismissed on 17th May 2012. They then filed a review petition against the judgment in the Supreme Court (908/2012), which was also dismissed by the three-member bench of the Supreme Court on 1st March 2016, stating in their verdict that:

“In view of the above discussion the appellant company (PTCL) can not be regard as a statuory body and thus has become liable to pay contribution under the provision of Employees' Old Age Benefits, Act, 1976 from the date of in-corporation .This appeal  is therefore dismissed.”

The PTCL deliberately did not comply fully with the court order by failing to register former employees who were part of PTCL on January 1, 1996. As a result, all  former employees such   who became the employees of PTCL on 1st Jan 1996, who retired before July 2012, who were not  registered with EOBI only from January 1, 1996, missing out on the earlier benefits of EOBI

 Regarding court ie of EOBI Adjudicating Authority order as mentiinrd above, which I received on July 22, 2019, directed EOBI to provide benefits to these former PTCL employees, most of whom had retired under the Voluntary Separation Scheme (VSS) in 2008. This ruling came from EOBI's own adjudicating authority, where 86 former PTCL employees had filed individual complaints. They argued that PTCL had not registered them with EOBI as required. Despite PTCL's legal challenges up to the Supreme Court, they were ultimately ordered to recover outstanding contributions and issue EOBI registration cards to the affected employees according to the law.

The court used the term "aggrieved employees" instead of "complainants" or "appellants" in its ruling. This means that all former PTCL employees who worked between January 1, 1996, and June 30, 2012, must have their data and contributions recovered from PTCL, and EOBI registration cards issued so they can benefit from EOBI. This task is now essential for EOBI, as ordered by their Adjudicating Authority. Employees should submit their CVs, ID copies, and relevant employment details to their local EOBI office, using the ruling dated February 21, 2018, as a reference.

EOBI's head office is in Karachi, and further details can be found on their website. The decision was issued by the Adjudicating Authority-III in Chakwal on February 21, 2018, and a certified copy was released on March 6, 2018. Upon receiving the registration card, male employees aged 60 or older and female employees aged 55 or older can apply for a pension at the EOBI office. They will only receive back payments for the last six months only. The process may require persistence and could involve challenges.

PTCL previously refused to register its employees with EOBI, claiming it was a statutory body exempt from the EOB Act of 1976, but the courts ruled otherwise. Now, only current employees were registered, leaving former employees without EOBI pensions. This situation, created by PTCL's management, has left many non-pensioned PTCL employees struggling despite years of service.

Regards,

*Mohammad Tariq Azhar*  

*Retired General Manager (OPS) PTCL*  

*Rawalpindi*  

*July 22, 2019*