Law:

Section:

Companies Profits (Workers' Participation) Act (XII of 1968)------.----- ------.-------S. 3 & Sched, para 4(d)------.-----Workers Welfare Fund------.-----Profits------.-----Distribution of------.-----Scope------.-----Profits accrued on the investment made by the Welfare Board was to be distributed amongst the workers of the company------.-----If any amount had already been credited in this regard to the Government then same be refunded to the Board for distribution to the workers------.-----Constitutional petition was allowed accordingly. Messrs Aventis Ltd., Karachi v. Ministry of Labour, Manpower and Overseas Pakistanis Labour and Manpower Division, Government of Pakistan and another 2011 PLC 1 distinguished. National Tanker Company (Pvt.) Limited and another v. Federal Government of Pakistan 2006 SCMR 1059 and Dilshad Hussain and another v. Islamic Republic of Pakistan 2005 SCMR 530 rel. THIS JUDGMENT DELIVERED BY: IRFAN SAADAT KHAN, JUSTICE:------.----- This petition was admitted for regular hearing on 26.3.2004 to consider the following points:- "(i) Whether the petitioner is the aggrieved person. (ii) Whether the Respondent No.2 is subject to deposit of interest accrued on funds." 2. Briefly stated, the facts of the case are that the petitioner is a trade union of the workers employed by Respondent No.2 and is registered under the Industrial Relations Ordinance, 1969 (the Ordinance) with Respondent No.1. The petitioner is also a Collective Bargaining Agent (CBA) for the establishment of the Respondent No.2. As per the provisions of Section 3 of the Companies Profits (Workers Participation) Act, 1968 (the Act) it was incumbent upon the Respondent No.2 to establish a scheme for Workers' Participation Fund (WPF) and to pay to that fund every year a prescribed percent i.e. 5% of its profit towards the said fund. All the workers of the companies are eligible to participate in the fund and are also entitled to their respective shares in the annual allocation to the fund. As per the schedule of the Act the entire income of the fund is to be distributed amongst its workers and excess if any shall be transferred to the Workers Welfare Fund (WWF). The…

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