Law:

Section:

Workers' Welfare Funds Ordinance (XXXVI of 1971)-------Preamble, Ss.3, 4, 4-A, 11-A & 11-C(f)---Workers' Welfare Fund Rules, 1976, Sched. A---Punjab Province Workers Plot Allotment Regulations, 1976, Reglns. 3 & 8---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Establishment of Workers' Colonies--­Allotment of plots---Claim of development charges---Petitioners had challenged development charges claimed by Authority on ground that plots in colony established by Authority were to be given to petitioners free of cost---Validity---No provision existed in Workers' Welfare Funds Ordinance, 1971 and Rules and Regulations, 1976 authorising the Authority to claim development charges from workers who were eligible to allotment of plots and whose applications for allotment were allowed---Regulation 8 of Punjab Province Workers Plot Allotment Regulations, 1976 had provided that plots would be allotted to workers free of cost---Condition regarding payment of development charges having not been supported by provisions of Workers' Welfare Funds Ordinance, 1971 and Rules and Regulations framed thereunder, act of Authority claiming development charges in respect of plots allotted to eligible workers, was declared to be without lawful authority by High Court---Any amount charged from eligible allottees/petitioners would be refunded to them. Sheikh Abdul Hamid for Petitioners. Badar-ul-Amir Malik for Respondents. Date of hearing: 19th June, 2002. JUDGMENT According to this writ petition, for the purposes of the Worker welfare Fund Ordinance, 1971 lands were acquired by the Provincial Government at Faisalabad for establishment of workers colonies in 1987 and work of development commenced in several such colonies. For this purpose a sum of Rs.190.291 Million was released and further payments were also issued from the said Workers Welfare Fund. The grievance being made out in. this writ petition is that the respondents are claiming development charges from the petitioners when the plots are to be given free of cost and there is no authority. under the law for the said demand being made by the respondents. The respondents have filed parawise comments.…

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