| Citation(s) |
| 1986 SLG 2330 1986 SLD 2330 = 1986 PLC 899 |
Sindh High Court
Constitutional Petition No. D-491 of 1985, decided on 15thApril, 1986.
HAIDER ALI PIRZADA AND ABDUL QADEER CHAUDHRY, JJ
THE EMPLOYEES OLDAGE BENEFIT INSTITUTIONvs and 2 others
Law: Employees Old Age Benefits Act, 1976
Section: 1(3)(b),1(4), 4, 9, 17, 22 s 23
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 2,22(2)(x) 8 (4)--Section 22(2)(a)199
Law: Constitution of Pakistan, 1973
Section:
(a) Employees Old-Age Benefits Act (XIV of 1976)-----S. 1(3)(b)--Phrase "employed in the administration of State", used in S.1(3)(b) of Employees Old Age Benefits Act, 1976, held, must be strictly construed.Sind Road Transport Corporation and 2 others v. Staff Union and 2 others 1975 P L C 361 and Mechanical Engineer V.S.M.D. Sukkur and 4 others v. Andrew Gohar and 2 others P L D 1978 Kar. 503 ref.(b) Words and phrases------ Word "administration", meaning of--Meaning of word "administration" with reference to dictionary stated.Concise Oxford Dictionary, 3rd Edition rel.(c) Words and phrases----- Words "maintain" and "care"--Meaning and scope stated.(d) Employees Old-Age Benefits Act (XIV of 1976)-----S. 1(3)(f)--Employees Old-Age Benefits Institution--Scope and object--Institution, deals with old-age pensions, invalidity pension, widows pensions, old age grants and other benefits, out of contribution payable to institution by every employer of industry or establishment wherein ten or more persons are employed--Institution not covered by S.1(3)(f) of Act XIV of 1976--Ordinance XIV of 1976 would be applicable to Employees Old-Age Benefits Institution.(e) Employees Old-Age Benefits Act (XIV of 1976)-----Ss. 1(4), 4, 9, 17, 22 s 23--Emloyees Old-Age Benefits Institution---Funds and expenditures--Mode of utilization stated.(f) Employees Old-Age Benefits Act (XIV of 1976)------S. 1(3)(b)--Employees Old-Age Benefits Institution, is not a business, trade or manufacture but a service as it provides to insured person in shape of old age allowance and/or invalidity allowance--Institution collects and receives contributions donations, bequests and .all other payments through employees thereof.(g) Industrial Relations Ordinance (XXIII of 1969)-------S. 2--National Industrial Relations Commission, jurisdiction of-�Employees Old-Age Benefits Institution being industry as defined in S.2 of Ordinance XXIII, National Industrial Relations Commission held, would have jurisdiction to pass order with regard to material and economic activity of said institution. K.G. Old v. Presiding Officer P L D 1976 Lah. 1097; F.A. Furguson 6 Co. v. Sind Labour Court and others P L C 1974 S C 98…
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