Case Details

Citation(s)
1994 SLG 376 1994 SLD 376 1994 PLC 560
Lahore High Court
Writ Petition No. 5498 of 1987, heard on 22nd. March,1994.
IHSANULHAQ CHAUDHRY, J
Sh. Maqbool Ahmad for Petitioner. M. A. Hayee for
Respondents.

UJALA COTTON MILLS

VS

E.O.A.B. INSTITUTION and others

Law:

Section:

Employees' OldAge Benefits Act (XIV of 1976)S. 33Constitution of Pakistan (1973), Art. 199Demand of additional contributionChallenge toConstitutional jurisdictionExercise of­Employers in their Constitutional petition had challenged demand for additional contribution made on part of -Respondent InstitutionDisputed question of fact had straightaway been raised by employer in Constitutional petition, though law had provided a detailed machinery for redress of their grievanceGrievance of employers was fully covered by S. 33 of the Act, which had provided a detailed machinery for its redressEmployers having not availed remedy by way of complaint under S. 33 of the Act, Constitutional petition was incompetentEmployers having raised disputed question of fact in their Constitutional petition which required a detailed inquiry which could not be examined under the Constitutional jurisdiction of High Court. M/s. Rupali Polyester v. Employees' OldAge Benefits Institution 1991 PLC 318 and M/s. Cowasjee and Sons v. Director, Sindh Employees' Social Security Institution 1980 PLC 752 ref. JUDGMENT This judgment will dispose of W.Ps. Nos. 5498/87, W.P. 3039/88, W.P. 7/89, W.P. 3686/89, W.P. 1845/90 and W.P. No.6082/90 as common questions of law and facts are involved therein. 2. The grievance of the -Petitioners in all these petitions in nutshell is that the demand for additional contribution made by the -Respondent is illegal. The writ petitions were admitted to hearing and notices were issued to the -Respondents, who have entered appearance and contested the petitions. 3. The learned counsel for the -Respondents has raised a preliminary objection to the effect that although the statute has provided a detailed machinery for the redress of the grievance yet the -Petitioners have straightaway filed these petitions, which raise a disputed question of fact. 4. The learned counsel for the -Petitioners submitted that since these petitions are pending for quite some time, therefore, these should be decided on merits. 5. I have given my anxious consideration to the arguments of the learned counsel for the parties. The admitted position is that the Legislature has provided a detailed…
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