Allan

Dear Alan, I have gone through your e-mail and suggest you as under, keeping in view the history of the case: i)

The advocate of Mr. Zahid will not help company as his personal interest are involved, rather he will instigate Mr. Zahid to file a case in the court of law advising him that company is under pressure and that is why the letters etc. are sent to me, despite the fact that Mr. Zahid may not be interested in filing the case.

ii)

Company can send another reminder to Mr. Zahid asking him to collect his dues and at the same time company can involve the senior person of company who has good relations with Mr. Zahid to convince him to collect the dues. In this way, company will come to know his intentions.

iii)

I also suggest if company wishes, the counsel of Mr. Zahid can be contacted unofficially in Islamabad to know the contentions of his client. This I can do when I will be visiting Islamabad. Regards. RIAZ

Fax message. M/s Surridge & Becheeno, Lahore.

Attn: Mr. Aftab Ahmad Khan Respected Sir, I confirm having filed W.P. of M/s Philips Electrical vide Diary No. 257 dated 14.4.2003 after completion of file. They have raised objection that the order of Hon’ble Chief Justice may be placed on file. Kindly send the same at your earliest convenience. Thanking you. Yours faithfully,

RIAZ-UL-HASSAN, Advocate Dated: 15.04.2003

Dear Alan, Reference your e-mail dated 17th April, 2003. I have contacted Mr. Raja Inam Amin Minhas, the counsel of Mr. Zahid ex-employee of company at his office address in Islamabad on 21.4.2003. The purpose of my visit was to ascertain the view of counsel and his client as to whether Mr. Zahid is willing to collect his dues from the company or not. The counsel of Mr. Zahid appreciated my visit and pointed out that this matter is already being dealt with by Mr. Rizwan, the counsel of the company to whom he had requested for settlement of dues. I heard him and asked him whether his client is willing to receive the dues or not. Mr. Raja asked me, “Can you arrange settlement?” to which I replied, “Yes”. At this stage he also told me that Mr. Zahid is my relative and since the company has terminated his services, therefore, he is under great pressure because wherever he goes for job, he is asked to produce previous employers service certificate i.e. (BHP). As he is not in possession of certificate from BHP as such he is refused for the job. Finally Mr. Raja desired that if company compensated him by way of increasing his dues, he could arrange settlement. I told Mr. Raja that the company has already been kind enough to give him reasonable amount over and above his actual dues, as such there is no possibility for further increase in dues. On my persuasion that the dues already given to him are over and above his entitlement and further increase is not possible, if he will not collect the dues, it would not affect the company at all, but he would be sufferer. Furthermore, if he goes to court of law, possibility of winning the case is almost nil. He agreed to my viewpoint and asked me to give time so that he may discuss this matter with Mr. Zahid and let you know the possibility of settlement. I gave him my full address and telephone numbers to contact me for further discussion. On 22.4.2003, he gave rang me and told that Mr. Zahid is out of station and would be back within 2 or 3 days then he would discuss the matter with Mr. Zahid and inform me about the result. Mr. Raja also informed me that there had been compromises in company where the company had paid more money to the employees, similarly, this case can also be dealt with.

In view of foregoing, I observe the following points: i)

Mr. Zahid is not interested at present to file case in the court of law.

ii)

He wants more increase in his dues.

iii)

Mr. Zahid is under impression that company is under pressure, that is why he is being asked to receive/collect the dues.

It is worth mentioning here that some of employees of company have close liaison with Mr. Zahid and are advising him if you would delay the collection of dues, the company would definitely give him more increase in the dues. It shows that the employees of the company are themselves interested in the matter. In view of above, I suggest as follows: a)

If company converts his termination into resignation and gives him simple service certificate, this will help in settlement of case, if persuaded further.

b)

Whereas the question of increase of money is concerned, I suggest that no more amounts should be given to him. Anyhow, it is the discretion of the management gives him meager increase in amount of dues, to get rid of this gentleman. Regards. RIAZ-UL-HASSAN

Dear Alan, Yesterday, I received telephonic call from Mr. Raja, the advocate of Mr. Zahid at 10:30 p.m. He told me that initially Mr. Zahid was out of station for two days and thereafter I remained busy in my profession affairs, therefore I could not ring you. I persuaded him that Mr. Zahid has already been given dues over and above his entitlement and since you have told me that Mr. Zahid is not getting job, the best possible way out for Mr. Zahid is to make a formal request to the Chief Executive of the company for converting his termination into resignation and if he gets service certificate, he can apply anywhere for the job. I also told him that company is not sufferer, but Mr. Zahid is sufferer, if he does not collect the dues. Furthermore, if he goes to court of law, his possibility of winning the case is almost nil. He agreed to my view point and said to me that I have already contacted Mr. Zahid and will finalise the matter within two or three days. He told me that if it is possible for you to come to Islamabad, the matter will be solved in a better way. Since, I had to visit Islamabad on 7th of May, now I shall proceed to Islamabad on 6th of May to see him in his office to find out some solution of the matter. In the meantime, Mr. Raja will also contact me to discuss the same. I shall try my level’s best to settle this issue. Regards. RIAZ-UL-HASSAN