Law: Constitution of Pakistan, 1973

Section: 199

(a) Employees' Old-Age Benefits Act (XIV of 1976)---

----Ss. 4, 6, 7 & 45---Constitution of Pakistan, Art. 199---Constitutional petition---Policy guidelines/directives of Federal Government---Scope---Role of the Federal Government in internal affairs of Employees' Old-Age Benefits Institution (EOBI)---Scope---Ministry of Overseas Pakistanis and Human Resource Development (OP & HRD) in the light of policy guidelines of Federal Government passed the order of withdrawal/discontinuance of allowances of the employees of EOBI---Claim of the petitioners was that Ministry of OP and HRD had no jurisdiction to pass such an order on the instructions of Finance Advisor (OP and HRD) Finance Division, as EOBI had its own independent/autonomous entity and was not bound to comply with the policy guidelines/directives of Federal Government---Validity---EOBI is an autonomous body with independent powers and has its own means and ways to invest and work for the welfare and protection of the rights of the employees---It also has independent regulatory framework and does not fall within the meaning of a person or an entity performing functions in connection with the affairs of the Federation---Board is responsible for general direction and superintendence of the affairs of the EOBI and it exercises, with the assistance of the Chairman of EOBI, all powers and does all acts and things, which may be exercised or done by the EOBI, thus, it is clear that the general directions and superintendence in connection with the affairs of the EOBI shall vest in the Board---Under Ss.4, 6 & 45 of the Employees' Old-Age Benefits Act, 1976 (Act) EOBI is an independent body corporate with perpetual succession and common seal and its own independent Board empowered to make regulations for smooth functioning of the EOBI---Under S.6 of the Act it is the Board which has been vested with independent and autonomous administrative control over the affairs of the EOBI including but not limited to the powers qua framing of the Regulations in respect of terms and conditions of the EOBI's employees which include certain allowances---Federal Government's role in the EOBI was only with respect to the provision of guidance and that too on policy matters---Order of withdrawal of allowance had not been issued by the Federal Government rather the same had been issued by the Ministry of OP and HRD, which alone could not, by any stretch of imagination, be termed as the "Federal Government" as the same could not be conflated with the Federal Government as the latter comprises of the Cabinet and the Prime Minister---Interference into the affairs of an autonomous and independent body by the Federal Government was deprecated---Federal Government could not compel an entirely independent and autonomous body to act in a way which was otherwise contrary to the applicable Regulations of such an autonomous body---Autonomous and independent bodies cannot be compelled to act on such directions/policy decisions of the Federal Government which are otherwise in contravention of the former's own Rules and Regulations---Order had been issued by the Ministry of OP & HRD and not by the Federal Government and if order had been issued by the Federal Government even then it was not tenable in the eye of law since the Federal Government could only guide the EOBI and that too on policy matters only---Constitutional petition was allowed, in circumstances.

       1997 SCMR 641; PLD 2007 SC 642; 2016 PLC (C.S.) 491; 2007 SCMR 1460; 2017 SCMR 838; 2020 PLC (C.S) 654 and 2011 SCMR 117 ref.