LHC sets aside order in Turk school case

Allows Turkish foundation's writ petition against dismissal of appeal

ISLAMABAD:

Setting aside an order against the Turkish Maarif Foundation, the Lahore High Court (LHC) emphasized the bilateral relationship between Pakistan and Turkiye while ordering a lower forum to rehear the claim of the foundation's former employee.

A division bench of the LHC Multan bench led by Justice Jawad Hassan allowed the Turkish foundation's writ petition and set aside the decisions of the authority working under the Payment of Wages Act, 1936, as well as the Punjab Labour Court, which had dismissed the foundation's appeal.

The judgement directed the authority to decide the matter afresh in light of the Supreme Court 2018 judgement, which emphasized the importance of the bilateral relationship between Pakistan and Turkiye.

According to the facts of the case, Ismat Mateen had been employed in Pak-Turk International Cag Education Foundation (PTICEF) since September 2003 and served as vice-principal at a campus in Multan.

Following the transfer of administrative control to the Turkish Maarif Foundation in compliance with a Supreme Court judgment dated December 13, 2018, fresh employment contracts were required for employees.

The foundation maintained that Ismat resigned on December 26, 2019, and accepted her resignation. The foundation stated that a final settlement of Rs67,364, comprising a Rs25,000 security deposit and Rs42,364 in salary for 25 days, was paid to her through a cheque dated February 27, 2020.

However, on August 26, 2020, Ismat approached the authority under the Payment of Wages Act, claiming additional compensation of Rs24.59 million under different heads, including gratuity for 16 years of service, leave encashment, bonus and damages.

The authority partly accepted her claim and awarded Rs1,183,967. The foundation challenged the decision in LHC. The order noted that the authority did not consider the Supreme Court 2018 judgment.

The judgment also highlighted the importance of considering the bilateral relationship between Pakistan and Türkiye and the legal status of the Turkish Maarif Foundation as recognised in the Supreme Court's earlier judgment.

The court observe that Pakistan as a member state of the Organisation of Islamic Cooperation (OIC) has an established framework for cooperation with other member states in promoting peace, security and the fight against terrorism, in accordance with applicable international commitments and domestic law.

"Pakistan and Türkiye have historically maintained close and brotherly relations, which have progressively developed into a strategic partnership encompassing defence, security, education, trade, investment and other fields of mutual interest," it added.

The order stated that the bilateral relationship has also been institutionalised through the High-Level Strategic Cooperation Council (HLSCC), established in 2009 and subsequently upgraded to strengthen strategic cooperation between the two countries.