| Citation(s) |
|---|
| 2026 SLD 3278 = 2026 SHC 589 |
Sindh High Court
C.P. No.D-5136 of 2025,C.P. No.D-5137 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 09.03.2026 M/s. Saleem Hussain Shah & Arshad Mehmood advocate for the petitioners M/s. Moiz Ahmed & Faiz Ahmed advocate for the
Respondents along with Abdul Ahad Memon, Director (Law). Ms. Wajiha Mehdi DAG
C.P. No.D-5136 of 2025,C.P. No.D-5137 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 09.03.2026 M/s. Saleem Hussain Shah & Arshad Mehmood advocate for the petitioners M/s. Moiz Ahmed & Faiz Ahmed advocate for the
Respondents along with Abdul Ahad Memon, Director (Law). Ms. Wajiha Mehdi DAG
(Ameeruddin
VS
The Appellate Authority Board of Trustees EOBI & others ) (Muslim Khan vs The Appellate Authority Board of Trustees EOBI & others )
Law: Constitution of Pakistan, 1973
Section: 199
Summary The petitioners sought old-age and invalidity pensions under the Employees' Old-Age Benefits Act, 1976, claiming they had completed over 15 years of employment. EOBI rejected their claims because employers had not deposited contributions for the required period. The Court held that employees cannot be deprived of pension due to the employer's failure to deposit contributions, set aside the impugned orders, and remanded the matter to EOBI to verify employment, recover outstanding contributions, and decide the pension claims within two months. Sections Used Article 199 Section 22 – Employees' Old-Age Benefits Act, 1976 Section 33 – Employees' Old-Age Benefits Act, 1976 2-Word Description Pension Entitlement Contribution Default O R D E R The petitioner in C.P. No. D-5136/2025 has filed the captioned Constitutional Petitions under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer(s):- To hold that the grounds mentioned above are legal, valid, and justified; Set aside the order/decision dated 30.07.2025 passed by the Respondent No.1 and orders/decisions dated 07.11.2017 & 28.07.2016 under section 33 of the EOBI Act of the Respondents No. 2 & 3 as illegal and arbitrary; Set aside the orders passed by the Respondents, direct the Respondents to recover the due payable contribution from Respondent No. 4, and to make payment of Old age pension to the petitioner, and declare the petitioner is insurable employment was more than 15 years as such is entitled for EOBI pension. The petitioner in C.P. No. D-5137/2025 has filed the captioned Constitutional Petitions under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer(s):- To hold that the grounds mentioned above are legal, valid, and justified; Set aside the order/decision dated 30.07.2025 passed by the Respondent No.1 and orders/decisions dated 28.07.2016 under section 33 of the EOBI Act of the Respondents No. 3 as illegal and arbitrary; Set aside the orders passed by the Respondents, direct the Respondents to recover the due payable contribution from Respondent No.…