| Citation(s) |
|---|
| 2024 SLG 6219 2024 SLD 6219 = 2024 PLC 164 |
Supreme Court of Pakistan
C.P. No.3531 of 2021, C.Ps. Nos. 408, 2451, 2452, 2453, 2454, 2455, 2456, 2457, 2468, 2469, 2470, 2471, 2472, 2473 of 2023 and C.P. No. 3495 of 2023, decided on 18th February, 2024. (Against the judgment of Islamabad High Court, Islamabad dated 27.04.2021 passed in W.P. No. 2502 of 2020 etc.)
Present: Syed Mansoor Ali Shah, Amin-ud-Din Khan and Jamal Khan Mandokhail, JJ
For the Petitioner(s): Haroon Irshad Janjua, Advocate Supreme Court. Ch. Akhtar Ali (in C.P. No. 3531 of 2023). Muhammad Tariq, Advocate Supreme Court (in C.P. No. 3495 of 2023). Muhammad Umer Riaz, Advocate Supreme Court. Khurram M. Qureshi, Advocate Supreme Court Barrister Abu Bakar along with Muhammad Amin, Deputy Director General, EOBI and Abdul Ahad, Director (Law) EOBI. Ghulam Muhammad, Director (Operations), EOBI (in C.P. No. 408 of 2023, C.P's Nos. 2451-2458 of 2023 and C.P's Nos. 2469-2473 of 2023). For the
Respondent(s): Mukhar Ahmed Maneri, Advocate Supreme Court (in C.P. No. 3531 of 2023 and C.P. No. 3495 of 2023). Raja Muhammad Rafiq Janjua, Advocate High Court along with Private
Respondents (in C.Ps. Nos. 408, 2451-2458 and 2469-2473 of 2023).
C.P. No.3531 of 2021, C.Ps. Nos. 408, 2451, 2452, 2453, 2454, 2455, 2456, 2457, 2468, 2469, 2470, 2471, 2472, 2473 of 2023 and C.P. No. 3495 of 2023, decided on 18th February, 2024. (Against the judgment of Islamabad High Court, Islamabad dated 27.04.2021 passed in W.P. No. 2502 of 2020 etc.)
Present: Syed Mansoor Ali Shah, Amin-ud-Din Khan and Jamal Khan Mandokhail, JJ
For the Petitioner(s): Haroon Irshad Janjua, Advocate Supreme Court. Ch. Akhtar Ali (in C.P. No. 3531 of 2023). Muhammad Tariq, Advocate Supreme Court (in C.P. No. 3495 of 2023). Muhammad Umer Riaz, Advocate Supreme Court. Khurram M. Qureshi, Advocate Supreme Court Barrister Abu Bakar along with Muhammad Amin, Deputy Director General, EOBI and Abdul Ahad, Director (Law) EOBI. Ghulam Muhammad, Director (Operations), EOBI (in C.P. No. 408 of 2023, C.P's Nos. 2451-2458 of 2023 and C.P's Nos. 2469-2473 of 2023). For the
Respondent(s): Mukhar Ahmed Maneri, Advocate Supreme Court (in C.P. No. 3531 of 2023 and C.P. No. 3495 of 2023). Raja Muhammad Rafiq Janjua, Advocate High Court along with Private
Respondents (in C.Ps. Nos. 408, 2451-2458 and 2469-2473 of 2023).
AMIR SULTAN and 2 others
VERSUS
ADJUDICATING AUTHORITY-III EOBI, ISLAMABAD and others
Law: Employees Old Age Benefits Act, 1976
Section: XVI,22,22(1),22(2),1(4)
(a) Employees' Old-Age Benefits Act (XIV of 1976)-------S. 22 & Preamble---Employees' Old-Age Benefits Act, 1976---Liberal interpretation---Employees' Old-Age Benefits Act, 1976 is a beneficial statute intended to provide security and old-age benefits to employees of industrial, commercial or other organizations covered by it and, therefore, its provisions have to be construed liberally in order to advance its objective.Don Basco High School v. The Assistant Director EOBI, PLD 1989 SC 128 and Lahore Race Club v. Deputy Director EOBI, 1998 SCMR 1571 ref.(b) Employees' Old-Age Benefits Act (XIV of 1976)-------S. 22(2)---Old age pension---Exception under Section 22(2) of the Employees' Old-Age Benefits Act, 1976 ("the EOB Act, 1976)---Applicability---Stage when the exception under Section 22(2) of the EOB Act, 1976 becomes applicable---To avail the exception under Section 22(2) of he EOB Act, 1976, the insured person must satisfy that he was in employment in the industry or establishment on the first day of July 1976 or on the day the Act became applicable to such an industry or establishment and was of the age mentioned in Section 22(2)(i) and (ii) of the Act.Section 22(1) of the Employees' Old-Age Benefits Act, 1976 ("the Act") provides that an insured person is entitled to monthly old-age pension if (i) he is over sixty years of age, or over fifty-five years of age in the case of a woman, and (ii) the contribution in respect of such insured person was paid by the employer for not less than fifteen years. It is only when both these conditions are fulfilled that an insured person is entitled to monthly old-age pension under the said provision. An exception is provided under Section 22(2) of the Act whereby the number of years of contribution paid by the employer on behalf of the insured person is reduced to seven and five years, respectively instead of fifteen years under section 22(2) if on the first day of July, 1976 or on any day thereafter on which the Act becomes applicable to an industry or establishment; (i) the insured person is over forty years of age, or over thirty-five years of age in the case of a…