| Citation(s) |
|---|
| 1985 SLG 1869 1985 SLD 1869 1985 PLC 465 |
Appeal No. Nil, heard on 21st March, 1984.
S. IMRAN SHAH, CHAIRMAN AND MALIK MEHERBAN KHAN, MEMBER
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Messrs RIZVI MINNING LTD., ABBOTTABAD
VS
EMPLOYEES OLDAGE BENEFITS INSTITUTION
Law:
Section:
---S. 2(i) & (j)--Employees' Old-Age Benefits (Determination of Wages for Computation of Contributions) Regulations, 1980, Regln. 30) --Daily wages workers--Covered and insurable--Employer bound to pay contribution in respect of daily wages workers. Kohinoor Chemical Co. Ltd. and another v. Sind Employees' Social Security Institution P L D 1977 S C 197 rel. Syed Moinuddin for Appellant. Date of hearing: 21st March, 1984. ORDER S. IMRAN SHAH (CHAIRMAN).-- The appellant has impugned the direction of the respondent for payment of contribution towards Employees' Old-Age Benefits Fund, on the pretext that the temporary workers who are engaged on daily wages basis are not covered under the Employees' Old-Age Benefits Act, 1976. Therefore, no contribution is payable by the employer in respect of such persons. The learned Advocate for the appellants has contended that the Employees' Old-Age Benefits Act is a beneficial statute. While interpreting such statute the principle of reciprocity should be kept in view. The insured person on whose behalf contributions are payable must be benefited by the Employees' Old-Age Benefits Scheme. In case of daily wage workers it is not likely that such workers will ever fulfill the conditions for entitlement to benefits laid down to under section 22 of the Act. It will also not be humanly possibly to keep track of the insured persons who change the jobs very frequently. Hence there are few chances for a worker engaged on daily wage basis to qualify for the benefits. He further argued that the contributions are payable every month. The entire Act speaks either of months or years. There is no mention with regard to payment of contribution for a period which is less than a month, thus the obvious intention of the Legislature is that the workers engaged on daily wage basis are not to be treated as insured persons and no contribution are payable by the employer on their behalf. The Representative of the respondent pleaded that sections 2(i) and 2(j) of the Employees' Old-Age Benefits Act provide for the definition of the terms 'insured person' and 'Insurable employment'. The insurable employment means "employment of a person under a…
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