| Citation(s) |
|---|
| 1994 SLD 817 = 1994 CLC 1824 |
Sindh High Court
Constitutional Petitions Nos. D-2196, 2221 to 2223 of 1993, decided on 19th September, 1993.
Presented By: Before Syed Haider Ali Pirzada and Ahmed Yar Khan, JJ
Shamsuddin Khalid for Petitioner. Ikram Ahmed Ansari, Dy. Attorney-General for
Respondents.
Constitutional Petitions Nos. D-2196, 2221 to 2223 of 1993, decided on 19th September, 1993.
Presented By: Before Syed Haider Ali Pirzada and Ahmed Yar Khan, JJ
Shamsuddin Khalid for Petitioner. Ikram Ahmed Ansari, Dy. Attorney-General for
Respondents.
M/s. BAWANI SUGAR MILLS LIMITED, KARACHI---Petitioner
VERSUS
FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Parliamentary Affairs, Islamabad and 2 Others---Respondents
Law:
Section:
Legislation--- ---- Passing a law by Parliament---Retrospective effect to---Parliament had passed an Act giving it retrospective effect---Nothing had been brought to show that such Act could not be passed by Parliament or it was not within its competence to enact such law nor that same in any manner was in violation of Fundamental Rights---Power of Legislature to pass a law postulated power to pass it prospectively as well as retrospectively, the one no less than other-- Legislature has plenary power to enact any law within scope of its legislative competence and Constitutional limitations---Act in question passed by Parliament, being not violative of Fundamental Rights, was validly enacted. Mehreen Zaibun Nisa v. Land Commissioner, Multan and others PLD 1975 SC 397 and Lord Asquith in East End Dwelling Company Ltd. v. Finsbury Borough Council 1952 AC 109 ref. West Pakistan Minimum Wages for Unskilled Workers Ordinance (XX of 1969)--- ----S. 1(3) [as amended by West Pakistan Minimum Wages for Unskilled Workers (Amendment) Act (IX of 1993), S. 1(3)]---Amendment of the Ordinance---Effect of S. 1(3) of Amending Act was that by fiction of law, subsection (3) of S.1 of the said Act was deemed to have taken effect from first day of July, 1992---Section 1(3) of the Amending Act had the effect of taking away a vested right and it had come into effect retrospectively. [Interpretation of statute]. Shamsuddin Khalid for Petitioner. Ikram Ahmed Ansari, Dy. Attorney-General for Respondents. JUDGMENT SPED HAIDER ALI PIRZADA, J: --In these four Constitutional petitions the common questions that arise for consideration are: (1) whether the retrospective operation of the enhancement of the wages and other payments ancillary to that is violative of the fundamental rights of the petitioners with regard to the freedom of trade, business and profession as the same is imposing a restriction in the lawful conduct of the business of the petitioners, and (2) the said amendment, in effect, has compulsorily and repressively deprived the petitioners of something which has now become their property and the petitioners have a vested right…