Case Details

Citation(s)
1993 SLG 643 1993 SLD 643 1993 SCMR 833
Supreme Court of Pakistan
Civil Appeals Nos.272-P and 273-P of 1990, decision dated: 23rd December, 1992(On appeal from the judgment dated 20-6-1990 of the Peshawar High Court; Peshawar, passed in W. P. No.249 of 1989)
MUHAMMAD AFZAL ZULLAH, C.J., ABDUL QADEER CHAUDHRY AND MUHAMMAD AFZAL LONE, JJ

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MOHABAT KHAN and 7 others7 others

ROAD TRANSPORT BOARD, N.W.F.P., PESHAWAR through its Chairman and 4 others

Law:

Section:

(a) Employees Old-Age Benefits Act (XIV of 1976)--S.47(f)--Constitution of Pakistan (1973), Art.185(3)--- Drivers and conductors being employees of Transport Board having retired from service before 1-7-1988 demanded payment of benefits, .to which employees of the Board were entitled under provisions of Employees' Old-Age Benefits Act--leave to appeal was granted to consider as to whether drivers and conductors had been excluded by virtue of exception provided in S.47(f) of Employees' Age Benefits Act, in view of the plea raised from their side that they not only worked as drivers and conductors but were also assigned duties on various occasions in the workshop. (b) Employees' Old-Age Benefits Act (XIV of 1976)--- ----S.47(1)---Constitution of Pakistan (1973), Art.25---Applicability'of the Act--­Provisions of S.47 of the Act enumerate different categories of persons to which the Act does not apply---Claim of employees (drivers and conductors) that they were covered by the provisions of S.47(f) of the Act and were thus entitled to benefits there under---Validity---Contention of employees that though they were appointed as drivers and conductors, yet they worked in the workshop, tested the road worthiness of vehicles. repaired in the workshop and thus, could not be denied the benefits under the Act was well-founded--­Employees' claim, that they performed duties in connection with the affairs of the workshop had not been dealt with properly and not seriously examined at any stage---Case was, thus sent back to Authorities below for decision afresh. I.A. Sharwani v. Government of Pakistan 1991 SCMR 1041 ref. (c) Constitution of Pakistan (1973)--- ----Art.25--Employees' Old-Age Benefits Act (XIV of 1976), preamble--Equality before law--- Reasonable classification---Nexus with1he object sought to be achieved---Article 25 of the Constitution of Pakistan ordains that "all citizens are equal before law and are entitled to equal protection of law"; State, however, is not prohibited from making reasonable classification for extending such protection---Employees having retired from 1-7-1988 had been excluded from the benefits under the Act---Employee's plea that employees…
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