| Citation(s) |
|---|
| 1999 SLG 734 1999 SLD 734 1999 SCMR 1477 |
Supreme Court of Pakistan
Civil Appeals Nos. 1123 to 1195, 1316 to 1319, 1372 and 1469of 1996, decided on 5th July, 1999. DATE of hearing: 28thOctober, 1998
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ
Muhammad Akram Khawaja, Advocate Supreme Court and Ijaz Ahmed Khan, Advocate-on-Record for Appellants (in C.As. Nos. 1168, 1171 and 1172 of 1996). Malik M. Rafiq Rajwena, Advocate Supreme Court and M. Sultan Khan, Advocate-on-Record (absent) for Appellant
Civil Appeals Nos. 1123 to 1195, 1316 to 1319, 1372 and 1469of 1996, decided on 5th July, 1999. DATE of hearing: 28thOctober, 1998
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ
Muhammad Akram Khawaja, Advocate Supreme Court and Ijaz Ahmed Khan, Advocate-on-Record for Appellants (in C.As. Nos. 1168, 1171 and 1172 of 1996). Malik M. Rafiq Rajwena, Advocate Supreme Court and M. Sultan Khan, Advocate-on-Record (absent) for Appellant
SHAMAS TEXTILE MILLS LTD. and others vsTHE PROVINCE OF PUNJAB and 2 others
Law: Punjab Employees Special Allowances (Payment) Act, (H of 1989)
Section: 8
Law: Constitution of Pakistan, 1973
Section: 185(3),141,142,143,268
Law: Provincial Employees Social Security Ordinance (X of 1965)
Section: Preamble,57,58
(a) Punjab Employees Special Allowances (Payment) Act (H of 1989)--- ---- S. 8---Provincial Employees' Social Security Ordinance (X of 1965), Preamble --- Constitution of Pakistan (1973), Art. 185(3) --- Leave to appeal was granted by Supreme Court to consider as to whether Special Allowance being paid to a workman in pursuance of the Punjab Employees' Special Allowances (Payment) Act, 1989 was to be treated as part of his wage for the purpose of computing the contribution which his employer was liable to make under the Provincial Employees' Social Security Ordinance, 1965 despite the specific exemption granted by S.8, Punjab Employees' Special Allowances (Payment) Act, 1989. (b) Constitution of Pakistan (1973)--- ---- Arts. 141, 142 & 143 --- Distribution of legislative powers --- Conflict between the Federal Legislature and Provincial Legislature --- Resolution by judiciary --- In the event of any inconsistency between the Federal Law and Provincial Law, the mandate of the Constitution, as contained in Art. 143 is to prevail--Principles --- Doctrine of occupied field --- Applicability. In a unitary form of Government, all the legislative powers, of necessity, vest in the Legislature of the given country. In the Federal form of Government, however, the legislative powers vest in the respective Legislatures in line with the dispensation under the Constitutional-document/s concerned. It is in the sphere of distribution of legislative powers in a federal setup that a conflict between the legislation by the Federal/Central Legislature and Provincial/State Legislature can arise for resolution by the Judiciary. Articles 141,142 and 143 of 1973 Constitution respectively deal with (1) extent of Federal and Provincial Laws; (2) subject-matter of Federal and Provincial Laws, and (3) inconsistency between Federal and Provincial Laws. Under Article 141 [(Majlis-e-Shoora) (Parliament)] may make laws for the whole or any part of Pakistan and a Provincial Assembly may make laws for the Province or any part thereof. Under Article 142 [Majlis-e-Shoora (Parliament)] has exclusive powers to make laws with respect to any matter in the Federal Legislative List and…
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