| Citation(s) |
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| 2018 SLG 1918 2018 SLD 1918 = 2018 CLD 1088 |
C.P. No. D-1313 of 2013, decided on 12-02-2018. Dates ofhearing: 01, 14, 22, 28th November, 06, 12, 19, 20 and22-11-2017.
Before Munib Akhtar and Omar Sial, JJ
Ch. Muhammad Ashraf Khan, Nishat Warsi, Obaidur Rehman, Faisal Siddiqui, Ch. Muhammad Rafiq, Asim Iqbal, Muhammad Hamayun Khan, Samiur Rehman, Faisal Mahmood Ghani, Ali Aziz, Ahad Zuberi, Javed Asghar Awan, Muhammad Hamayun, Mumtaz Ali Shah, Amjad Hussain Hashmi, Shahid Ali, Kh. Shaoib Mansoor, Ghulam Murtaza Saryo, Masood Ahmed, Nadeem Ahmed, Salman Mirza, Abid Naseem, Amir Latif, Syed Muhammad Younus, Saad Fayyaz, Hyder Ali Khan, Hussain Ali Almani, Ghulam Hussain Shah, Faiz Durrani, Ghulam Muhammad and Ms. Samia Faiz Durrani for Petitioner (in various petitions).Salman Talibuddin, Additional Attorney General along with Ms. Alizeh Bashir for Official
Respondents.Kafil Ahmed Abbasi, Mohsin Imam, Sarfaraz A. Metio for FBR/Department.Shabbir Shah, Additional Advocate-General Sindh.Ms. Amber Lakhani for Department of Labour, Government of Sindh.
SHAFIQUDDIN MOINEE---Petitioner
VERSUS
FEDERATION OF PAKISTAN through Secretary, Ministry of Human Resources Development, Islamabad and 2 others---Respondents
Law: Companies Profits (Workers Participation) Act, 1968
Section: 2(f) , 3(b)
Law: Sindh Companies Profits (Workers Participation) Act, 2015
Section: 2(h), 3(b), 7(2), 12(1)
Companies Profits (Workers' Participation) Act (XII of 1968)---
----Ss. 2(f) & 3(b)---Sindh Companies Profits (Workers' Participation) Act, 2015 (XVIII of 2016), Ss. 2(h), 3(b), 7(2) & 12(1)---Beneficial legislation---Applicability--Trans-provincial companies---Number of workers, determination of---Principle--Dispute was with regard to percentage of participation of workers in profits of transprovincial companies---Participation of workers was up to 5% of the profit in the Province of Punjab whereas in Province of Sindh the same was 7% of the profit---Plea raised by industrial establishments was that they were only liable to distribute to workers in the Province of Sindh a proportionate amount calculated on the basis of five percent---Validity---Applying principle of beneficial legislation, the reference to number of workers in first condition must be regarded as referring to the total number of workers all over the country and not merely in the Province of Sindh---Principle of territorial limitation was not violated as it was only to establish parameters that would make the scheme applicable---Such parameters could be based on or take into account the factors that lie outside the Province---Condition which related to value of fixed assets of the company was irrelevant as the same could be located within or outside the Province---Law in the Province of Sindh was to be applied and workers were to get an amount proportionate to their number calculated at 7%---Workers in the Province of Punjab were to get an amount proportionate to their number calculated at five percent and the same was not discriminatory---Legislative competence was exclusively Provincial and territorial extent was limited--- Each Province was entitled to legislate in its own manner in respect of a matter that was exclusively within its domain and it was irrelevant as to where the registered office and/or industrial undertaking of transprovincial company were located i.e. that same could be located in the Province of Sindh or elsewhere---While making computation, the whole of profits made by company were to be used, regardless of where they were earned in the country--Constitutional petition was disposed of accordingly.