| Citation(s) |
|---|
| 2016 SLG 2462 2016 SLD 2462 2016 SCMR 1299 |
Supreme Court of Pakistan
Civil Appeal No. 1109 of 2013 and Civil Appeals Nos. 1424 to 1428 of 2014, decided on 14th April, 2016. Date of hearing: 14th April, 2016. (On appeal from the judgment Dated 17-6-2013 and 20-6-2013 passed by the Peshawar High Court in W.P. No. 1392-P, 929
GULZAR AHMED, DOST MUHAMMAD KHAN AND SARDAR TARIQ MASOOD, JJ
Mazullah Barkandi, Advocate Supreme Court for Appellants (in C.As. 1109 to 1111 of 2013). Ijaz Anwar, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellants (in C.As. 1424 to 1428 of 2014). Syed Arshad Ali Shah, Advocate Supreme Cour
Civil Appeal No. 1109 of 2013 and Civil Appeals Nos. 1424 to 1428 of 2014, decided on 14th April, 2016. Date of hearing: 14th April, 2016. (On appeal from the judgment Dated 17-6-2013 and 20-6-2013 passed by the Peshawar High Court in W.P. No. 1392-P, 929
GULZAR AHMED, DOST MUHAMMAD KHAN AND SARDAR TARIQ MASOOD, JJ
Mazullah Barkandi, Advocate Supreme Court for Appellants (in C.As. 1109 to 1111 of 2013). Ijaz Anwar, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellants (in C.As. 1424 to 1428 of 2014). Syed Arshad Ali Shah, Advocate Supreme Cour
NEMAT ULLAH AND others
VS
CHAIRMAN GOVERNING BODY, WORKER WELFARE BOARD/SECRETARY TO GOVERNMENT OF KPK, LABOUR DEPARTMENT AND OTHERS
Law:
Section:
(a) Workers' Welfare Fund Ordinance (XXXVI of 1971)--- ----S. 8(3)---Workers' Welfare Fund (Employees Service) Rules, 1997---Constitution of Pakistan, Art. 199---Employees of Khyber Pakhtunkhwa Workers Welfare Board ("Employees")---Statutory rules of service---Workers' Welfare Fund (Employees Service) Rules, 1997 were applicable with full statutory force to the service of the employees of the Workers' Welfare Board of the Province of Khyber Pakhtunkhwa---Moreover after the Eighteenth Amendment to the Constitution, said Rules enacted by the Federal Government were exclusively within the domain of the Provincial Government/Provincial Workers' Welfare Board---Employees could file a Constitutional petition before the High Court if there was any invasion on their service benefits and rights by the authorities. Workers' Welfare Fund (Employees Service) Rules, 1997 enacted by the Federal Government were adopted and made applicable to the Province of Khyber Pakhtunkhwa with clear directions and express approval of the Federal Government. For all intents and purposes said Rules had become applicable with full statutory force to the service and terms and conditions of service etc. of the employees of the Workers Welfare Board of the Province of Khyber Pakhtunkhwa. Before the Eighteenth Amendment to the Constitution, Ministry of Labour was within the domain of the Federal Government and once under its approval and direction the Workers Welfare Board has adopted the Workers' Welfare Fund (Employees Service) Rules, 1997, regulating the terms and conditions of service of its employees. After the Eighteenth Amendment, said Rules were exclusively within the domain of the Provincial Government/Workers' Welfare Board and unless the same was amended, repealed, modified or re-enacted under the changed Constitutional scenario, the same had a binding statutory force and the services of the employees of the Workers' Welfare Board of the Province of Khyber Pakhtunkhwa, were squarely and undoubtedly regulated by the said Rules. Till date said Rules had neither been repealed nor amended in any manner by the Provincial Government or for that matter by the Provincial Assembly of the…
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