Case Details

Citation(s)
1988 SLG 2311 1988 SLD 2311 1988 SCMR 765
Supreme Court of Pakistan

MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA, SAAD SAOOD JAN AND ALI HUSSAIN QAZILBASH, JJ

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EMPLOYEES OLD AGE BENEFIT INSTITUTION---Appellant

VS

NATIONAL INDUSTRIAL RELATIONS COMMISSION and others--Respondents

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 1(3)(b)

Law: Employees Old Age Benefits Act, 1976

Section: 4

(a) Industrial Relations Ordinance (XXIII of 1969)---   ---S.1(3)(b)--Expression administration of State in cl. (b) of S.1 (3) of Ordinance, held, had been used in a limited sense--It did not cover all those persons who were employed in connection with constitutional responsibilities of State.   Sind Road Transport Corporation v. Staff Union 1975 P L C 361 ref.   (b) Employees Old-Age Benefits Ac (XIV of 1976)--   ---S.4--Industrial Relations Ordinance (XXIII of 1969), S.1(3)(b)-­ Employees Old Age Benefit Institution established under S.4(1) of Act of 1976, held, is concerned with providing old age benefits to persons serving in industrial, commercial and similar organizations-­ Functions of said institution were not relatable to any sovereign function of State nor were they such that these might be said as pertaining to conduct or carrying on details of Government--- Employees of Institution are also not covered by exclusion cl. (b) of S.1(3) of Ordinance (XXIII of 1969).   (c) Employees Old-Age Benefits Act (XIV of 1976)--   --S.4--Industrial Relations Ordinance (XXIII of 1969), S.1(3) cl. (f)--Employees Old Age Benefit Institution not being maintained for treatment or care of sick, infirm, destitute or mentally unfit persons, held, could not take advantage of exclusion cl. (f) of S.1(3) of Industrial Relations Ordinance.   K.G. Old, Principal Christian Technical Training Centre v. Punjab Labour Court 1976 P L C 675 and A.F. Ferguson Co. v. The 5th Sind Labour Court 1974 P L C 98 ref.   (d) Employees Old-Age Benefits Act (XIV of 1976)--   ---S.4--Industrial Relations Ordinance (XXIII of 1969), S.2(xiv)-­Employees Old Age Benefit Institution rendering a service to industrial and commercial sectors, its functions are not outside purview of cl. (xiv) of S.2 of Industrial Relations Ordinance. JUDGMENT SAAD SAOOD JAN,--This is an appeal by special leave from the judgment, dated 15-4-1986 of the Sind High Court, Kara ), dismissing the constitutional petition of the appellant institution wherein it had challenged the legality of the appellate order of the National Industrial Relations Commission, upholding the…
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