| Citation(s) |
|---|
| 1992 SLG 942 1992 SLD 942 1992 PLC 742 |
Lahore High Court
Writ Petition No. 1236 of 1989, heard on 26th June, 1991
MUNIR A. SHAIKH, J
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Writ Petition No. 1236 of 1989, heard on 26th June, 1991
MUNIR A. SHAIKH, J
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EMPLOYEES OLD AGE BENEFITS INSTITUTION; GOVERNMENT OF PAKISTAN, KARACHI
VS
EMPLOYEES OLD AGE BENEFITS INSTITUTION; GOVERNMENT OF PAKISTAN, KARACHI vs
Law:
Section:
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 1(4)(c), Proviso---Applicability of provisions of the Ordinance--Provisions of Ordinance VI of 1968 were not attracted to those Industrial and Commercial Establishments which were carried on by or under the Authority of the Central or any Provincial Government, where statutory rules of service, conduct or discipline were applicable to the workmen employed therein. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 1(4)(c)---Petitioner Institution was a body corporate and as such a juristic person having perpetual succession and common seal, vested with rights and liabilities and could sue and be sued---Institution was being carried on by or under the authority of the statute as distinguished from the direct authority of the Government in exercise of its plenary powers---Petitioner was thus, amenable to jurisdiction of Labour Court under provisions of Ordinance VI of 1968. (c) Employees Old Age Benefits Act (XIV of 1976)--- ----S. 44---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4)(c)---Power to frame rules vested with Federal Government---No rules framed by Federal Government as yet--Institution, however, had framed regulations which could not be construed to be the statutory rules having not been framed by the same authority which was vested with power to frame rules---Proviso to S.1(4)(c), West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968, in the absence of Statutory Rules, was not attracted to employees of such Institution---Labour Court, thus, had jurisdiction to entertain grievance of workmen employed with the Institution. (d) Interpretation of Statutes--- ---- Regulations which could be construed to have the force of rules would be only those regulations which were framed by the same authority which was competent to frame the rules. (e) Regulations--- ---- Regulations which can be construed to have the force of rules would be only those regulations which were framed by the same authority which was competent…
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