Law: Employees Old Age Benefits Act, 1976

Section: 47

Keywords: Result: Announced in open Court MIAN SAQIB NISAR, J:- This appeal, by leave of the Court, entails the facts, in that, the appellant had challenged the order dated 24.11.1995 passed by the Adjudicating Authority of the Employees' Old Age Benefits Institutions (EOBI), whereby the kitchen and engineering departments of the appellant were declared to be establishments within the purview of the Employees' Old-Age Benefits Act, 1976 (the Act), before the Board of Trustees of EOBI/respondent No.1 which dismissed the appeal vide order dated 10.6.1996. Both these orders were assailed by the appellant by filing a constitutional petition before the learned High Court of Sindh, which (petition) was dismissed vide the impugned judgment, hence the appellant approached this Court. Leave in this case and engineering departments of the appellant are "establishments" was granted vide order dated 3.2.2005, the relevant part wherefrom is reproduced as under:- "(i) Whether clause (c) (f) and proviso of section 47 of Employees Old Age Benefits Act XIV of 1976 read with section 33 of the said Act have been correctly and rightly interpreted by the High Court? (ii)Whether the definition of "Manufacture" and "Manufacturing Process" given in the various dictionaries in the absence of definition under the Factories Act could be made basis of the judgment against the petitioner? (iii)Whether the provision of Act XIV, 1976 and Factories Act, 1934 and the P.I.A.C. Act, 1956 have been erroneously interpreted/considered in the impugned judgment? and (iv)Whether the petitioner-Corporation being statutory corporation under Government of Pakistan through Ministry of Defence, would be governed by any other law than P.I.A.C. Act, 1956 and Rules Regulations made thereunder?" Adding to the facts, it may be mentioned that the Assistant Director (Inspection), EOBI moved a complaint under Section 33 of the Act before the Adjudicating Authority, EOBI that the kitchen and the engineering departments of the appellant require compulsory registration with EOBI and are liable to pay contributions under the Act, which the appellant has not so done and this is a lapse on its part, thus a direction to…

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