| Case ID |
1665d71f-061d-4d64-8351-b092861b5c5f |
| Body |
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| Case Number |
Civil Appeal No. K-122 of 1983 |
| Decision Date |
Jan 12, 1986 |
| Hearing Date |
Jan 12, 1986 |
| Decision |
The Supreme Court found that the Rice Export Corporation of Pakistan qualifies as an 'industrial undertaking' under the Companies Profits (Workers Participation) Act, 1968. The Court upheld the previous decisions stating that the processes the Corporation undertook, including cleaning, finishing, and polishing rice, significantly changed the original condition of the commodity and added to its value, thus satisfying the criteria set forth in the Act. The appeal was dismissed with costs, affirming the lower courts' rulings that directed the establishment of a workers participation fund. |
| Summary |
In the case of Civil Appeal No. K-122 of 1983, the Supreme Court of Pakistan addressed the issue of whether the Rice Export Corporation of Pakistan is classified as an 'industrial undertaking' under the Companies Profits (Workers Participation) Act, 1968. The case arose from a constitutional petition challenging lower court decisions that mandated the establishment of a workers participation fund based on the Corporation's profits. The Supreme Court's ruling emphasized the importance of the definition of 'industrial undertaking' as it pertains to the processes of cleaning and finishing rice, which significantly enhance its market value and alter its original state. This case highlights critical aspects of labor rights and corporate responsibilities in Pakistan, particularly in the context of workers' participation in profits. The decision reinforces the legal framework surrounding workers' rights and the obligations of companies to comply with labor laws. Keywords: industrial undertaking, workers participation, labor rights, Supreme Court of Pakistan, corporate responsibility. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Sind Labour Appellate Tribunal,
Employees Union,
Rice Export Corporation of Pakistan,
Sind Labour Court No. V
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH,
SHAFIUR REHMAN,
ZAFFAR HUSSAIN MIRZA, JJ
|
| Lawyers |
Fazle Ghani Khan,
Z. Aziz Dastgir,
F.G. Ibrahim,
Ahmadullah Farooqi
|
| Petitioners |
RICE EXPORT CORPORATION OF PAKISTAN
|
| Respondents |
others,
SIND LABOUR APPELLATE TRIBUNAL
|
| Citations |
1986 SLD 688,
1986 SCMR 1010
|
| Other Citations |
Not available
|
| Laws Involved |
Companies Profits (Workers Participation) Act (XII of 1968),
Constitution of Pakistan (1973)
|
| Sections |
2(e),
212(3)
|