Justice For The Victims Of A Mass Firing Of TIP Skilled Employees

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JUSTICE FOR THE VICTIMS OF A MASS FIRING OF 36 TIP SKILLED EMPLOYEES, WHICH HAS BEEN SEVERELY AFFECTED, OVER 6000 , HUMAN BEINGS NORMAL LIFE, INCLUDING THEIR CHILDREN AND FAMILIES.  

In 2014, a mass firing  practice was occurred of 895 Skilled Employees, who have been working for more than 12 years to make profits for organization Telephone Industries of Pakistan (TIP) , Financing by Federal  Government of Pakistan (MoIT). 

It is self-evident, that the Employer TIP did advertise in the Express New Paper (www.express.com.pk with ISO 9001 (Certified Stamp) to recruit new skilled and unskilled employees.

It does appear, that the employer (TIP) acted without fairness to recruit new employees , instead to regularise their own employees, who worked for the company more than 12 years . It is a crystal clear indication of unreasonable / unfair treatment towards their own skills employees, because, they are in fact,  assets of the company (TIP).

On 18.05.2017, the Supreme Court of Pakistan, honourable Judges did find in case no. CA-1359-1363 at paragraph 3, that:

3.   …Under the directives of the Prime Minister of Pakistan, held a meeting on 21.2.2013, and after considering the recommendations of the Ministry of Information Technology, under which ministry TIP Functions, and after due deliberations, approved the regularization of Contract and daily wages employees of TIP. .. …A copy of such minutes was forwarded by the Ministry of Information and Technology to the Managing Director TIP, for implementation, through letter dated 6.3.2013. Through office memorandum dated 05.6.2013, the said ministry  requested the MD TIP for regularization of the aforesaid 882 employees in terms of the decision of the Cabinet Sub-Committee , and also to submit a comprehensive plan for revitalization of TIP as directed by the Priority Committee. However, MD TIP did heed to the above and to the repeated requests made by the appellants for their regularization, from time to time.

In the light of the above, the Supreme Court of Pakistan, honourable Judges did restore and regularise, five employees (PBS 17 ) under the TIP own Ministry direction ,  the Ministry of Information and Technology to the MD TIP  dated 5.6.2013, that TIP employee should be regularised under the Cabinet Sub-Committee direction,  which was dismissed unfairly by TIP Management too.

Since the termination, the rest of TIP dismissed employees huddled together to comfort each other, thinking of how they would feed their families and pay the rent. Since 2014, JUSTICE NOT SEEN TO BE DONE and many of employees have been died, their family and children are begging for justice, for their basic and fundamental rights from the Current Government, in the light of the of the Cabinet Sub-Committee direction and in fact, under the Country Highest Court order on 18.05.2015 in favour of the TIP Employees in case no CA.1359-1363.BUT THE UNSCRUPULOUS TIP MANAGEMENT  AND THE CONCERN MINISTRY ARE USING DELAY TACTICS, SO, THE REST OF VICTIMS CAN GIVE UP THEIR FIGHT FOR THEIR RIGHTS AND JUSTICE.  

It does appear, that under the same Cabinet Sub-Committee direction dated 21.2.13, all other organizations employees’ i.e.  WAPDA, PTCL, Governor Secretariat, Punjab Text Book Board, Women University, Civil Aviation Authority and PIA etc. has been regularized, and in fact , five employee in  PBS -17 of the same employer (TIP ) has been regularized under the same Cabinet Sub-Committee direction dated 21.2.13 by the Supreme Court order dated 18.05.2015.

It is certain, that they have a rightful claim against the employer (TIP), but both TIP and the Federal Government have been using skulduggery methods to dilly dally the process to frustrate them.

The MD TIP unfair and unconscious decision, plus the Federal Government complete silence on this serious issue has also severely affected their  lovely children and families, because it is now the matter of over 6000 Human being , therefore, they are unable to survive in the society with dignity to look after themselves and their families.

Unfairly Dismissed Employees were mentally tortured, suffering from tension, depression and unnecessary paranoia due to the TIP and Federal Government of Pakistan (Ministry of IT) unfair dealing, unprofessional and unethical behaviour.

Therefore, they are demanding implementation under the Cabinet Sub-Committee direction dated 21.3.2013, therefore, the pubic request to the Government of Pakistan for the following  sought to be enforced for by the relevant ministry immediately for all TIP Unfair Dismissed Employees:

  1. Immediate regularization 
  2. Must be promoted with increments 
  3. Must be compensated with their full remedies 
  4. Cost order must be issued against the TIP Management / Ministry of IT 
  5. Immediate two month advance , so they will be able to  protect their  children and families from coming winter 
  6. Any TIP dismissed employee cases of serious health problem, which has been suffered by the dismissal / become more severe after the dismissal, should be treated separately according to the state law.


On 18.05.2015, the Supreme Court of Pakistan, honourable Judges concluded in their remarks at paragraphs 6 and 11 that:

6.       Admittedly,  that all the appellants have been serving TIP in their respective position since about last more than twelve (12) years, though on contract basis , however, renewal of their contracts on year to year basis since the inception clearly shows that the nature of their jobs/duties is permanent and not causal or temporary, and that the appellants have been performing their functions/duties to the satisfaction for their employer and further that throughout the whole period their services were required , and have remained useful for and beneficial to the organization. There is no allegation of any misconduct or incompetence   against the appellants, rather they have been granted increments from time to time.

11.   It hardly needs to be emphasized that the whole edifice of governance of the society has it genesis in the Constitution and laws aimed at to establish an order, inter alia, ensuring the provisions of socio-economic   justice, so that the people have guarantee and sense of being treated in accordance with law that they are not being deprived of their due rights.  Provision of Article 4 embodies the concept of equality before law and equal protection of law and save citizens from arbitrary /discrimination law and action by the Governmental authorities. Article 5(2) commends that everybody is bound to obey the command of the constitution. Every Pubic Functionary is supposed to function in good faith, honestly and within the precincts of its power so that persons concern should be treated in accordance with law as guaranteed by Article 4 of the Constitution.  It would include principles of natural justice, procedural fairness and procedural propriety. The action which is malafide or colourable is not regarded as action in accordance with law. Which discharging official functions, efforts should be made to prevent from earing his livelihood because of unfair and discriminatory act on their part.

It is abundantly clear form the record , that the corrupts rulers of Pakistan hide their Black money into tax heaven in order to avoid taxation in Pakistan, whilst they are well committed to sell public assets that is heavily costing to the poor Employees  and their dependent families.  If a very wealthy person wants to avoid taxation in Pakistan and therefore put money into a tax heaven somewhere, who loses? Hospitals, Schools, Housing, all the public services lose and the rest of the populations have to cover up their deficit created by that. 

While it works to be an ethical company, TIP is setting a dangerously low standard for how it treats long-time employees.  The Federal Government of Pakistan (Ministry of Information and Technology) mass firing practice must be stopped and motion must be bring in the National Assembly and Senate to hold the TIP, Ministry of IT Management   and to a basic standard of respect, plus “The Victims voices are heard not just in court but right at the heart of government”

In the light of the above and the TIP unfairly dismissed employees excruciating circumstances, the Public also request to the Supreme Court of Pakistan and NAB to take  SUE  MOTO ACTION for further investigation against the concern authorities, so a mass firing practice of employees must be stopped in future by employer  in Pakistan.    

Sign the petition to demand TIP and Ministry of IT apologize, change its mass firing practices, and pay employees what they are owed. In short: demand TIP treats workers with integrity!

The TIP unfairly dismissed Employees demand no more than for their basic rights! This is a call to the international community and International Labour Organization (ILO- UN) to support their struggle, so they can start a normal life to look after themselves and their families plus to educate their children properly, sign and share to support their campaign!

 

 



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