Law:

Section:

Employees' Old Age Benefits Act (XIV of 1976) Ss. 2 bb & 9 Constitution of Pakistan (1973), Art.185(3) Liability of contribution Determination Contribution of payment in respect of wages paid to Dock workers provided by Dock Labour Board Petitioners were in the business of stevedoring at sea port and were providing services in connection with loading and unloading of cargo Authorities demanded contributions in respect of wages paid to such workers engaged by the petitioners from time to time After having been unsuccessful before the Authorities the petitioners assailed the demand before High Court in its Constitutional jurisdiction which was dismissed Validity Where the employees fell within the definition of S.2 bb, Employees' Old Age Benefits Act, 1976, only then the liability of contribution should be determined in accordance with S.9 read with other provisions of Employees' Old Age Benefits Act, 1976 Persons in respect of whom contribution was demanded, had been rightly found to be employees in terms of S.2 bb of Employees' Old Age Benefits Act, 1976, by the Courts below Mere fact that the employees in question were working on part time basis could not be a valid reason for excluding them from the category of employees as envisaged by S.2 bb of the Act High Court in dismissing the Constitutional petition had neither acted arbitrarily nor in violation of the settled principles of law Leave to appeal was refused. Veera v. Kazi & Kazi Limited PLD 1990 SC 435 ref AND Lahore Race Club v. Deputy Director, Employees' Old Age Benefits Institution 1998 SCMR 1571 fol. Akbar Hayat Mirza, Advocate Supreme Court for Petitioners. S. Zaki Muhammad, Advocate Supreme Court and A.A. Siddiqui, Advocate on Record for Respondents. Date of hearing: 17th August, 2000. ORDER DEEDAR HUSSAIN SHAH, J. We intend to dispose of aforesaid three petitions by a common order as the same are directed against consolidated judgment dated 17 2 2000 passed by learned Sindh High Court involving common questions of the facts and law whereby three petitions filed by the petitioners were dismissed. 2. Petitioners are carrying on business of stevedoring at the Port of Karachi providing…

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