Case Details

Citation(s)
2017 SLG 238 2017 SLD 238 = 2017 PLJ 51
Peshawar High Court
W.P No. 3210 of 2011 with C.M. No. 1085-P of 2016, decidedon 30.6.2016. Date of hearing: 21.6.2016.
YAHYA AFRIDI, JUSTICE AND MUHAMMAD DAUD KHAN, JUSTICE
Mr. Abdul Sattar Khan, Advocate for Petitioner.Mr. Abdur Rahim Jadoon, Advocate for
Respondents.

M/S. ABASYN UNIVERSITY through Vice ChancellorVSFEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN through Secretary Ministry of Lahore and 3 others

Law:

Section:

Employees Old Age Benefit Act, 1976 (XIV of 1976)---- --------Ss. 33, 34 & 35----Constitution of Pakistan, 1973, Art. 199----Constitutional jurisdiction----Demand notice for contributions----Challenge to----Alternative remedy of challenging----Question of----Dispute regarding crucial matters relating to contribution----When remedy provided under law to aggrieved person would not be, inter-alia, efficaciously meaningful or whether challenge made is purely jurisdictional----University was a statutory body and thus, no contribution could be sought from petitioner under that enactment. Employees Old Age Benefit Act, 1976 (XIV of 1976)---- --------Ss. 9, 12(@) & 47(7)----Statutory body----Demand for contribution----Notice----Challenge to----Jurisdiction----Question----Dispute regarding crucial matters relating to contribution----High Court would assume jurisdiction only to extent of jurisdictional issue, so as to determine whether University comes within purview of a statutory body, as envisaged under Section 47 of EOAB Act or otherwise----Held: Factual determination are also to be rendered to resolve that or any other contesting claim of parties, then constitutional Court shall surely refrain from assuming jurisdiction----While recovery mechanism of unpaid contribution is recoverable as arrears of land revenue under Section 13 r/w Section 9 of EOAB Act----University falls within purview of a statutory body, as provided under Section 47(f)----University is legally exempt from paying any contribution to institution under Section 9 of EOAB Act----Notice which is a demand notice served upon University by institution under Section 12(3) of EOAB Act for specific amount for specific period is without lawful authority, as provisions of EOAB Act do not apply to university under Section 47(f)----Demand notice served by institution upon university for specific amount for failing to pay due contribution and for initiating recovery proceeding as envisaged under Section 79 of Land Revenue Act, 1967, is without lawful authority, as provisions of EOAB Act do not apply to university under Section 47(f) Act, 1976----Return of amount made from University by institution,…
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