| Citation(s) |
|---|
| 2009 SLG 3103 2009 SLD 3103 2009 PLC 292 |
Supreme Court of Pakistan
MUHAMMAD MOOSA K. LEGHARI, SYED ZAWWAR HUSSAIN JAFFERY AND SARMAD JALAL OSMANY, JJ
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MUHAMMAD MOOSA K. LEGHARI, SYED ZAWWAR HUSSAIN JAFFERY AND SARMAD JALAL OSMANY, JJ
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Law: Provincial Employees Social Security Ordinance, 1965
Section: 2(11)3
Law: Constitution of Pakistan, 1973
Section: 185(3)
Provincial Employees Social Security Ordinance (X of 1965)--- ----Ss. 2(11) 3---Constitution of Pakistan (1973) Art.185(3)---Registration of employees with the institution-Petitioner had impugned direction of High Court, whereby it was directed to get its employees registered with the institution---Contention of the petitioner was that as the petitioner was a charitable organization rendering exemplary services in the educational sector by providing free education it was not establishment and provisions of Provincial Employees Social Security Ordinance, 1965 were not applicable to it---Respondent had supported impugned of the High Court contending that provisions of Provincial Employees Social Security Ordinance, 1965 were applicable in the case of the petitioner as it was establishment as defined in S.2(11) of the Ordinance---Leave to appeal was granted to consider that important issue. Don Bosco High School, Empress Road, Lahore v. Director, Social Security and 2 others 2005 PLC 110 and Don Bosco High School v. Assistant Director, E.O.B.I. and others PLD 1989 SC 128 ref. JUDGMENT SARMAD JALAL OSMANY, J.--- Mr. Qazi Faez Isa, learned Advocate Supreme Court for the petitioner in C.P. No.328-K of 2008 has submitted that the impugned judgment, dated 25-4-2008 passed by the learned Sindh High Court, whereby the petitioner has been directed to get its employees registered with the Sindh Employees Social Security Ordinance, 1965, is defective as inter alia, it does not take into consideration. the fact that the petitioner is a charitable organization and rendering exemplary services in the educational sector by ,providing free education, etc. to the lower income group of Pakistan citizens. Learned Advocate Supreme Court has also relied upon Don Bosco High School, Empress Road, Lahore v. Director, Social Security and 2 others 2005 PLC 110 for the proposition that even otherwise schools have been held not to come within the definition of the term…
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