Federal Constitutional Court declares pension, retirement benefits a fundamental right

The Federal Constitutional Court has ruled that pension and retirement benefits are the legitimate fundamental rights of retired employees and cannot be withheld without a competent court's order.

In a detailed nine-page judgment authored by Justice Arshad Hussain, the court held that unnecessary delays in the payment of pension and retirement benefits amount to a violation of the law.

The written verdict stated that pensions and retirement benefits cannot be stopped without the approval of a competent court, adding that the superior judiciary has repeatedly ruled against delays in their disbursement.

The court observed that delaying the payment of pension and retirement benefits to retired employees would amount to contempt of court. It said that if a court order is not challenged through a timely appeal or review petition, it attains finality.

A review petition filed after the prescribed time cannot subsequently be challenged through a constitutional petition, as litigation must eventually come to an end.

In the same judgment, the Federal Constitutional Court directed a private bank to implement a Labour Court order restoring a dismissed driver to his job with all service benefits.

The court remarked that it was regrettable that the Labour Court's ruling had remained unimplemented even after 17 years.