Law: Balochistan Companies Profits (Workers Participation) Act, 2022

Section: 3,5

Law: Balochistan Workers Welfare Fund Act, 2022

Section: 3,4

BALOCHISTAN COMPANIES PROFITS (WORKERS PARTICIPATION) ACT, 2022 (XX OF 2022)---Section 3---It is the Balochistan Act, that have to be applied and the workers here would get an amount proportionate to their numbers where the trans-province companies are engaged in manufacturing activities in Balochistan having registered office out side the Province. The question of liabilities under the Balochistan Companies Profits (Workers Participation) Act, 2022, in terms of section 3(b), that a company “pay every year to the Fund not later than nine months after the close of that year five percent of its profits during such year” on the part of trans-province companies or the companies engaged in manufacturing activities in Balochistan but registered offices outside the province is also irrelevant because the law in is province would have to be applied and the workers here would get an amount proportionate to their number, even otherwise, this dispute has been set at rest by the Hon’ble Sindh High Court in Shafiquddin Moinee case, relevant part whereof reads as under: "In the case of trans-provincial companies, it is the Sind Act that applies, but interpreted, read and applied such that the obligation under the Act is only to make distribution to the workers in this Province, and only of an amount that is proportionate to their number here It is irrelevant where the registered office and/or the industrial undertaking of the trans-provincial company are located i.e. they could be located in this Province or elsewhere. Furthermore, in making the computation, the whole of the profits made by the company are to be used, regardless of where they were earned in the country” The trans-provincial companies should be dealt with in the light of judgment, passed by the Honourable Sindh High Court in the case of ''Shafiquddin Moinee v. Federation of Pakistan” reported in 2018 CLD 1088 Sindh. High Court directed Balochistan Revenue Authority to immediately start necessary recoveries from all industrial establishment operating in Balochistan, including those in Hub are required to pay WWF/WPPF being engaged in manufacturing activities within the province.---See Sections 3 & 4 of the…

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