Case Details

Citation(s)
2026 SLD 3352 = 2026 SHC 870 = 2026 SHC 871 = 2026 SHC 872
Sindh High Court
C.P. No. D-1461 of 2018,C.P. No. D-3136 of 2016,C.P. No. D-3137 of 2016,C.P. No. D-3138 of 2016,C.P. No. D-5640 of 2016,C.P. No. D-5641 of 2016,C.P. No. D-5642 of 2016,C.P. No. D-5643 of 2016
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and Order: 13.04.2026 Mr. Imran Khan, Advocate for the Petitioners in C.P No.D-1461 of 2018 and for private
Respondents in other petitions. Mr. Shahab Imam, Advocate for petitioners in C.P Nos.D-5640, 5641, 5642, 5643 of 2016 and for
Respondent in C.P. No.D-3138 of 2016. Mr. Ch. Azhar Illahi, Advocate for the
Respondents in C.P. No.D-1461 of 2018. Ms. Wajiha Mahdi, D.A.G. Mr. Abdul Jaleel Zubedi, A.A.G

(Deceased Abdul Kaleem & others **

VS

** Federation of Pakistan & others) (The Customs House Common Pool Trust **vs** The Sindh Labour Appellate Tribunal at Karachi & others) (The Customs House Common Pool Trust **vs** The Sindh Labour Appellate Tribunal at Karachi & others) (The Customs House Common Pool Trust **vs** The Sindh Labour Appellate Tribunal at Karachi & others) (The Customs House Common Pool Trust **vs** The Sindh Labour Appellate Tribunal at Karachi & others) (The Customs House Common Pool Trust **vs** The Sindh Labour Appellate Tribunal at Karachi & others) (The Customs House Common Pool Trust **vs** The Sindh Labour Appellate Tribunal at Karachi & others) (The Customs House Common Pool Trust **vs** The Sindh Labour Appellate Tribunal at Karachi & others)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Payment of Wages Act, 1936

Section: 15,17

Summary The petition concerned retired employees of the Customs House Common Pool Trust seeking payment of gratuity, pensionary benefits, and other retirement dues. They had already succeeded before the Authority under the Payment of Wages Act, the Labour Court, and the Sindh Labour Appellate Tribunal. The Trust challenged those orders, arguing that it was a charitable organization and its employees were not government servants. The High Court held that the Trust remained liable to pay lawful employment benefits, that the statutory deposit requirement for appeals under the Payment of Wages Act was mandatory, and that the Trust's constitutional petitions lacked merit. The Court dismissed the Trust's petitions, allowed the employees' petition, and directed release of gratuity and other admissible benefits from the deposited amount. Sections Used Article 199, Constitution of the Islamic Republic of Pakistan, 1973 Section 15, Payment of Wages Act, 1936 Section 17 Section 17(1)(a) 2-Word Description Retirement Benefits Workers' Dues O R D E R  The petitioners in C.P. No. D-1461 of 2018 have invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, seeking directions to Respondents No. 2 and 3 for the release of their pensionary benefits and other legal dues following their retirement upon attaining the age of superannuation, in accordance with the order passed by the Commissioner for Workmen Compensation and Authority under the Payment of Wages Act, 1936 (South). The petitioners further pray for directions to Respondents No. 4 and 5 to initiate appropriate recovery proceedings against the defaulting establishment, along with any other relief deemed just and proper in the circumstances of the case. The petitioner’s case in C.P. No. D-1461 of 2018 is that they are lower-grade retired employees of the respondent establishment, who, after attaining the   age of superannuation at 60 years, were relieved from service. However, despite retirement, their pensionary benefits and other lawful dues were not released by Respondents No. 2 and 3, giving rise to repeated legal…
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