| Citation(s) |
|---|
| 1992 SLG 1179 1992 SLD 1179 1992 PLC 1214 |
Lahore High Court
W.P. No. 2924 of 1986, decided on 14th July, 1992.
MALIK MUHAMMAD QAYYUM, J
W.P. No. 2924 of 1986, decided on 14th July, 1992.
MALIK MUHAMMAD QAYYUM, J
1992 P L C 1214LAHORE DEVELOPMENT AUTHORITY and othersvsABDUL SHAFIQ and others1992 P L C 1214LAHORE DEVELOPMENT AUTHORITY and othersvsABDUL SHAFIQ and others
Law:
Section:
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 1(c), Proviso---Applicability of Proviso to S.1(c) of Ordinance, 1968, was dependent upon existence of two conditions; firstly, that Establishment must be carried on by or under authority of Federal or any Provincial Government and secondly, that there must be statutory rules of service applicable to its employees. Salah-ud-Din and 2 others v. Frontier Sugar Mills and Distillery Ltd., Tokht Bhai and 10 others PLD 1975 SC 244, Karachi Development Authority v. Presiding Officer, Vth Sindh Labour Court, Karachi and 2 others PLD 1976 Kar. 514 and Dr. Naeemul Zaman v. Pakistan Atomic Energy Commission and 3 others 1990 PLC (C.S.) 25 and Shah Muhammad Rahman Ansari and another v. West Pakistan Bar Council and others PLD 1967 Lahore 657 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 1(c), Proviso---Lahore Development Authority Act (XXX of 1975), Ss.4(2) & 17---Lahore Development Authority (L.DA.) had the status of a body Corporate having perpetual succession and a common seal---Merely because Government was authorised to issue directions to Authority under S.17 of Act, 1975, could not make the Authority to be an establishment being carried on by or under authority of Provincial Government---No statutory rules existed which might be applicable to employees of Authority---Authority was functioning under statutory authority conferred upon it and was not being carried on by or under authority of Government. National Shipping Corporation v. Sindh Labour Appellate Tribunal and 2 others 1975 PLC 1; Punjab Small Industries Corporation v. Punjab Labour Appellate Tribunal, Lahore and others 1988 SCMR 1725; I.C.P. Employees' Front, Karachi through its General Secretary v. Presiding Officer, Vth Sindh Labour Court, Karachi and another PLD 1976 Kar. 1176; Salahuddin and 2 others v. Frontier Sugar Mills & Distillery Ltd., Tokht Bhai and 10 others PLD 1975 SC 244; Dr. Naeem-uz-Zaman v. Pakistan Atomic Energy Commission and 3 others 1990 PLC (C.S.) 25 and Karachi Development Authority v. Presiding Officer,…
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