| Citation(s) |
|---|
| 1986 SLG 547 1986 SLD 547 1986 SCMR 618 |
Supreme Court of Pakistan
Civil Appeal. No. 45 of 1979, decision dated: 13-11-1985. (Against the Judgment and order, dated 27-1-1979 of the Lahore High Court, Lahore in W.P. No. 2191 of 1976).
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ
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Civil Appeal. No. 45 of 1979, decision dated: 13-11-1985. (Against the Judgment and order, dated 27-1-1979 of the Lahore High Court, Lahore in W.P. No. 2191 of 1976).
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ
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KHALID IKRAMULLAH, DIRECTOR, SOCIAL SECURITY INSTITUTION, LYALLPUR (FAISALABAD)-
VS
PUNJAB EMPLOYEES SOCIAL SECURITY (NONGAZETTED) STAFF UNION, FAISALABAD through its G.S. and 2 others
Law:
Section:
(a) Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Employees Social Security Ordinance (X of 1965), S. 34--Leave to appeal granted to examine whether Social Security Institution established by West Pakistan Ordinance X of 1965 was an "industry" as defined in S. 2(14) of industrial Relations Ordinance (XXIII of 1969); and whether application under S. 34 of Ordinance was competent before Labour Court. (b) Industrial Relations Ordinance (XXIII of 1969)-----S. 34--Constitution of Pakistan (1973), Art. 199--Trade Union seeking enforcement of settlement--Labour Court accepted petition but Appellate Tribunal set aside order--During pendency of writ petition filed by Trade Union, its registration cancelled--High Court which restoring order of Labour Court failed to take note of this material fact rendering petition infructuous and incompetent--Order of High Court set aside and writ recalled. Mian Saeedur Rahman, Advocate Supreme Court for Ch. Altaf Hussain, Advocate Supreme Court, Sh. Salahuddin, Advocate-on-Record for Appellant. Ex-parte for Respondents. Date of hearing: 13th November, 1985. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to examine) whether the Social Security Institution established by West Pakistan Ordinance X of 1965 was an "industry" as defined in section 2(14) of the Industrial Relations Ordinance, 1969 (hereinafter referred to as the Ordinance) and whether application under section 34 of the Ordinance was competent before the Labour Court. 2. Social Security Institution has been established under the West Pakistan Ordinance X of 1965. This Ordinance introduces a scheme of social security for providing benefits to the certain employees or their dependents in the event of sickness, maternity, employment, injury or death or for matters ancillary thereto. The respondent Punjab Employees Social Security (Non-gazetted) Staff Union was, at the relevant time, a registered Union and functioning as a Collective Bargaining Agent under section 22 of the Ordinance. The General Secretary of the respondent Union moved an application under section 34 of the Ordinance on 17-1-1976 seeking enforcement of a settlement arrived at between…
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