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The apex court on Monday barred the federal government from selling Pakistan Steel Mills (PSM) land in order to pay gratuity and the provident fund to its former employees.

A two-member bench, headed by Justice Gulzar Ahmed, heard an appeal against the Sindh High Court (SHC) order pertaining to payment of gratuity and provident fund of PSM workers. Restraining the government from selling the land of PSM, Justice Gulzar said it cannot be sold as 'it belongs to the people.'

Syed Umar Baqi and 850 retired employees of the PSM in 2017 had filed a petition before the SHC and contended that they had not been paid their gratuity, leave encashment and provident funds since 2013.

They submitted that gratuity and provident fund of the retired employees have not been paid by the PSM despite the court orders. They submitted that PSM had leased its land worth billion of rupees but the retired employees were not paid their pension benefits and other dues.

The SHC in August this year had ordered the seizure of the accounts of the Ministry of Production till payment of gratuity and outstanding dues of over 850 retired employees of the Pakistan Steel Mills. The federation challenged the SHC decision before the apex court and also filed the review petition before the High Court.

The counsel told the bench that as the SHC has modified its August's order 'to the extent that the Ministry can operate its accounts'; therefore, he withdrew the appeal. Upon that the court dismissed the government's application as withdrawn.

During the course of proceedings, the deputy attorney general said that the Mills did not have sufficient funds to pay salaries and provident fund to employees. "We are selling the land in order to pay the outstanding dues," he said.

Justice Gulzar Ahmed expressed disappointment at the Steel Mills' performance and said that it was destroyed by the government to fill their own pockets. The court observed that the underprivileged employees could not be deprived of their lawful rights while the privileged class of employees continued to enjoy.

The case was adjourned for two weeks.

Copyright Business Recorder, 2019

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