Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 185(3) read with Life Insurance (Nationalization) Order (P.O. 10 of 1972), Art. 14 and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 10-BLeave to appeal-Granted to examine (i) whether appellant was under statutory duty under Order to insure employees of respondent company inter alia with regard to their non-occupational, non-accidental, natural disability as envisaged by S. O. 10-B of Ordinance and (ii) whether High Court could justifiably direct appellant to discharge its statutory obligation by making payment of claims preferred to it under S. O. 10-B of Ordinance. (b) Constitution of Pakistan (1973)-- -- Art. 199 read with West Pakistan Industrial and Commercial Employment ( Standing Orders) Ordinance (VI of 11968), S. O. 10-B-Compulsory group insurance-Question whether from various documents like brochure, proposal, its acceptance, Insurance Policy, and subsequent correspondence coupled with conduct of party, a contract covering all risks enumerated in S. O. 10-B came into existence-Held, could not be examined or determined in constitutional jurisdiction of High Court-Such controverted questions of fact, adjudication on which possible only after obtaining all types of evidence in power and possession of parties-Held, can be determined only by courts having plenary jurisdiction in matter and that on such ground constitutional petition was incompetent. Muhammad Idrish v. East Pakistan Timber Merchants Group and another P L D 1968 S C 412; M. Muzaffaruddin Industries Ltd. v. The Chief Settlement & Rehabilitation Commissioner and another 1968 S C M R 1136; Shamshad Ali Khan v. Commissioner Lahore etc. 1969 S C M R 122; The Murree Brewery Co. Ltd. v. Pakistan through the Secretary Government of Pakistan Works Division and 2 others P L D 197?. S C 279 and Al-Mahmood Industries (Pakistan) Ltd. v. Trading Corporation of Pakistan Ltd. and another 1974 S C M R 51 cited but not examined. JUDGMENT SHAFIUR RAHMAN, J. Leave to appeal was granted to consider whether- "(i) the appellant was under a statutory duty under Life Insurance (Nationalization) Order, 1972 to insure…

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