KARACHI: FST admits Jehangir Khan’s plea against PIA
By Our Reporter
KARACHI, May 27: The Federal Service Tribunal admitted on Monday a petition of the ten-time winner of British Open and six-time holder of world squash championship, the legendary Jehangir Khan, who had challenged his sacking by the management of PIA, apparently, on the pretext of austerity.
When Khan’s petition, filed through Khwaja Shamsul Islam, came up before a bench comprising Akbar Memon and Barkat Ali Baloch, members of the FST, they held that the points raised by the appellant required consideration and put the PIA on notice for Dec 16, by which time the airline was asked to submit comments.
The living legend of squash had approached the FST on the ground that the order to send him on compulsory retirement was illegal and violative of fundamental rights.
It was contention of the appellant’s counsel that the respondent’s premise was mala fide as it had hired many people, including retired army officer, with lots of fringe benefits.
If austerity compelled the airline to dispense with the services of Jehangir Khan, whose image was also used by the airline for promotional purposes, then how could the PIA management hire more people, he argued.
It was his contention that decision of the Board of Directors and the Admin order 40&41 and the Mandatory Early Retirement Scheme were without lawful authority and in contravention of the Pakistan International Airline Corporation Act of 1956.
The orders of compulsory retirement were also opposed to the principle of natural justice inasmuch as no show-cause notice or opportunity of hearing was provided to the appellant before passing the impugned order which was also a blatant violation of settled law in this regard as also of article 3 of the PIAC (Suspension of Trade Unions and Existing Agreements) Order 2001, which was circulated by the General Manager Human Resources of the respondent.
The impugned scheme, he contended, was being implemented in a highly discriminatory manner, claiming that Khursheed Anwar, Chief Operating Officer, who was nearly 65 years of age had been recalled from retirement.
- Five positions of general managers had been reintroduced at foreign and domestic stations without any consideration of increasing manpower costs.
- Two new directors were introduced which had resulted in immense increase in expenses at the senior management level.
- Certain operating captains had been accommodated in ground jobs as general managers.
The contention of the appellant of having been seriously discriminated against was further fortified from the following cases, which also established beyond any doubt the mala fide of the respondent No 1:
1. Mr. Rasheed-ul-Hassan, (Director Manager Customer Service Department) who is now functioning as Director Flight Service despite falling in the age and/or Length of service limits prescribed by the Scheme.
2. Azeem Zafar, (General Manager Customer Service Department) who was even without a port folio (OSD) at the time of the appellant’s retirement is now adjusted as General Manager - Air Port Hotel, despite following in the age and length of service limits.
3. Farooq Shah (Director Marketing) both junior to the appellant with less qualification and experience falling in the age and/or length of service limits is not retired which also goes against the principle “last come, first go.”
4. Wasim Bari (Director Cargo) both junior to the appellant with less qualification and experience falling in the age and/or length of service limits is not retired which also goes against the principle “last come, first go.”
While setting aside the above orders, order for the reinstatement of the appellant to the post he was holding at the time of passing the impugned order should be passed.
