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2009 PLC 187

SHAHNAZ PARVEEN vs P.T.C.L. Through its President and others

Citation2009 PLC 187
CourtSupreme Court of Pakistan
Case No.Civil Petition No,966-L of 2008
Date2008-11-20
Judge(s)Faqir Muhammad Khokhar, Mian Hamid Farooq
Resultappeal refused

' FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner, an employee of PTCL, exercised her option for the voluntary separation scheme (VSS), introduced by the management which was accepted by order, dated 28-1-2008. Latter, the petitioner took the plea that a fraud had been played upon her otherwise she would not have exercised her option. She, therefore, filed a grievance petition before the Punjab Labour Court No,1, Lahore, which was dismissed by order, dated 7-5-2008. Her Labour Appeal No,128 of 2008 was also dismissed by a learned Single Judge of the Lahore High Court, Lahore. Hence, this petition for leave to appeal.

2. The learned counsel vehemently argued that the petitioner had exercised her option to avail the VSS retirement scheme only under a fear and threat that her services would be terminated. In such a situation she would have been left high and dry without payment of any benefits.

3. We have heard the learned counsel at length and have also perused the available record. The question whether the exercise of option by the petitioner was voluntary or otherwise cannot be decided by this Court being purely a question of fact. The controversy had already been set at rest by the Labour Court as well as the High Court. No question of law of public importance is involved in this case. It is too late before us to entertain and adjudicate upon the plea taken by the petitioner without there being any material to substantiate the same.

4. For the foregoing. Reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly.

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