Law:

Section:

(a) Constitution of Pakistan (1973)- --- Art. 199 read with Life Insurance (Nationalization) Order [P. O. 10 of 1972], Art. 14--Functions of State Life Insurance Corporation, as prescribed by Legislature, to carry on Life Insurance Business and to exercise its powers to secure that such business is developed to best advantage of community--Held, do not pertain to contractual rights and can be enforced through writ jurisdiction of High Court. Messrs Memon Motor Company v. Regional Transport Authority, Dacca and others P L D 1972 S C 108 and Mir Rasool Bux Khan Sundrani v. The Peoples Municipality, Sukkur and 2 others P L D 1975 Kar. 878 distinguished. Haji Noor Muhammad and others v. Karachi Development Authority and 2 others P L D 1975 Kar. 373 ; Dr. Habib-ur-Rahman, v. West Pakistan Public Service Commission and others P L D 1973 S C 144 and Maxwell on Inter­pretation of Statutes (1962, Edn.), p. 369 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---S. O. 10-B---Group insurance--Duty imposed on employer to insure all his permanent workmen against all four risks set out in S. O. 10-B(4)--.No option given to employer in matter. (c) Male fides- ---Case of mala fides--To be specifically pleaded and supported by some prima facie proof before other side is called upon to explain. Irshad Hasan Khan for Petitioner. Ibrahim Peshori for Respondent. Dates of hearing : 24th, 25th and 27th November 1980. JUDGMENT B. G. N. KAZI, J.--The Constitutional Petitions call in question the refusal of the respondent Corporation to make payment against the, claims lodged with them by the petitioner-Company in respect of Compulsory, Group Insurance Cover for its permanent workers as contemplated by Standing Order 10-B of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, hereinafter referred to as the Ordinance. 2. The facts which form the background of the two petitions are as under :- 3. The petitioner had approached the respondent to obtain Insurance Cover for all its permanent workers is contemplated by Standing Order 10-B of the Ordinance, by application dated 7-11-1979 for Compulsory…

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