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A division bench, comprising Chief Justice Sarmad Jalal Osmany & Justice Ms Rukhsana Ahmed passed stay order on petitioner filed by PTCL Labour Union through its President Haji Khan Bhatti.
Advocate Abdul Majeed Pirzada for petitioner contended process of utilitys privatisation was unconstitutional & unfair. Neither procedure laid down for privatisation was followed nor matter was put before Common Interest Commission.
He stated PTCL was ten times biggest utility than Pakistan Steel Mills and process of latters privatisation too was unfair like that of former. 26% shares of PTCL were given to buyer firm, Etisalat without receipt of any payment. Rights of hiring or terminating service of its PTCL employees, running its administrative affairs & selling or mortgaging utilitys assets were also transferred to Etisalat.
Furthermore, under another agreement Etisalat was giving relaxation to make payment of 26% shares in five years in instalments. Counsel contended taking benefit of this illegal agreement, Etisalat was mortgaging PTCL assets with banks to obtain financial facilities for re-payment of its loans. None was present on behalf of Common Interest Commission & M/s Etisalat.
SHC division bench after hearing arguments of petitioners counsel restrained M/s Etisalat from selling or mortgaging PTCLs assets with banks to seek financial facility. It ordered counsels for all parties to come prepared for final arguments on October 27, 2009 when case will be heard & decided.
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