Law: Employees Old Age Benefits Act, 1976

Section: XVI,2(bb),2(e)(vii),9,10,12,40

Law: Road Transport Workers Ordinance, 1961

Section: XXVIII,2(7)

(a)    Employee' Old-Age Benefits Act (XIV of 1976)-------S.2(bb)---Employee---Definition---Term "employee" includes persons employed through any other person for wages or otherwise to do any work in or in connection with the affairs of an industry and establishment under a contract of service or apprenticeship whether written or oral, express or implied---Such definition has following components: (i) employed, whether directly or through any other person; (ii) for wages or otherwise; (iii) to do any skilled or unskilled, supervisory, clerical, manual or other work in or in connection with the affairs of the industry or establishment; and (iv) under a contract of service or apprenticeship, whether written or oral, express or implied.(b)    Employees' Old-Age Benefits Act (XIV of 1976)-------Ss. 2(e)(vii), 9, 10, 12 & 40---Road Transport Workers Ordinance (XXVIII of 1961), S.2(7)---Drivers of road transport---Companies/service status of employee--Determination---Petitioner / company was aggrieved of demand notice seeking recovery of contribution on behalf of drivers and other employees of goods transport companies engaged by petitioner / company for distribution of its products all over Pakistan---Validity---Road transport service as per definition under S. 2(e)(vii) of Employees' Old-Age Benefits Act, 1976, read with Road Transport Workers Ordinance, 1961, means an "establishment" in which case it would be the "employer" in relation to the "employees" employed by it directly or through any other person by virtue of definitions of such terms---If clients / customers of such road transport service are considered as "employer" vis a vis the employees of road transport service then definition of "establishment" to the extent of S.2(e)(v) of Employees' Old-Age Benefits Act, 1976, would become redundant as a road transport service would never be the "employer" itself---Authorities failed to consider whether respondent was a road transport service or not and the effect thereof---No hard and fast rule could be laid out for the purpose of determining whether a person was employed by an "industry" or "establishment" through any…