Case Details

Citation(s)
1996 SLG 319 1996 SLD 319 1996 PLC 145
Lahore High Court
Writ Petition No. 152.84 of 1993, decision dated: 3rd May, 1995
MALIK MUHAMMAD QAYYUM, J

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ASHRAF SUGAR MILLS LTD

VS

THE FEDERATION OF PAKISTAN and others ASHRAF SUGAR MILLS LTD Vs THE FEDERATION OF PAKISTAN and others

Law:

Section:

(a) West Pakistan Minimum Wages for Unskilled Workers Ordinance (XX of 1969)- ----Ss. 3 & 7 [as amended by West Pakistan Minimum Wages for Unskilled Workers (Amendment) Act (IX of 1993)]---Constitution of Pakistan (1973) Art. 268 & 70(4) & Fourth Sched., Concurrent List---Rate of minimum wages---Enhancement---Amendment in Ordinance---Effect---Validity of West Plan Mum Wages for Unskilled Workers (Amendment) Act, 19-93 according to which rate of minimum wages was en:1aaced, had been challenged contending that West Pakistan Minimum Wages for Unskilled Worker Ordinance, 1969 (before amendment) was Provincial Law which was promulgated by Provincial Governor, thus same could not later on be amended by Federal Legislature---Contention was repelled in view of the fact that under Art. 268 of Constitution of Pakistan (1973) all laws in force had become existing laws and would continue to remain in force till such time they were altered, repealed or amended by appropriate legislature competent to legislate on the subject---All laws in force at the time of commencement of Constitution of Pakistan (1973) could more appropriately be termed as existing laws rather than Provincial or Federal Laws and in respect of those laws whether promulgated by Provincial Legislature or Federal Legislature, appropriate Legislature entitled to amend same would be Legislature which had power to legislate in respect of that subject as given in Concurrent List provided in Fourth Sched. to Constitution of Pakistan (1973)---Subject in dispute being included in Fourth Sched., Federal Legislature could validly amend Ordinance in question even though same was promulgated by Provincial Legislature. Attorney-General for Ontario v. Attorney-General for the Dominion and the Distillers and Brewers' Association of Ontario 1896 A.C. 348; Zaverbbai Amaidas v. State of Bombay AIR 1954 SC 752 and T. Baraiv v. Henry AH Hoe and another AIR 1983 SC 150; Annoor Textile Mills Ltd. v. The Federation of Pakistan and another PLD 1994 SC 568; Mehreen Zaibun Nisa v. Land Commissioner, Multan and others PLD 1975 SC 397; Ghulam Muhammad and another v. The Deputy Registrar, Cooperative Societies, Sargodha and…
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