| Case ID |
22effe21-9f59-4ea8-a8e8-eef8de967b5f |
| Body |
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| Case Number |
Writ Petition No. 3567 of 1985 |
| Decision Date |
Dec 15, 1987 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that RAKO PHARMACAL LTD., defined as a factory under the Factories Act of 1934, does not fall within the jurisdiction of the West Pakistan Shops and Establishment Ordinance of 1969. Consequently, the Authority lacked the authority to process the petition filed by Imtiaz Ahmad Taj for unpaid dues, leading to the dismissal of his case. Furthermore, the Additional District Judge's appeal was found to exceed jurisdiction as no valid direction was issued by the Authority. As a result, the writ petition was accepted and set aside, with both parties bearing their own legal costs. |
| Summary |
In the landmark case of RAKO PHARMACAL LTD. versus Dr. MUNIR MUGHAL, adjudicated by the Lahore High Court on December 15, 1987, the court delved into the jurisdictional boundaries between the West Pakistan Shops and Establishment Ordinance of 1969 and the Factories Act of 1934. The petitioner, RAKO PHARMACAL LTD., a factory registered under the Factories Act, challenged the applicability of the Shops and Establishment Ordinance to its operations. Imtiaz Ahmad Taj, the respondent, sought unpaid dues and compensation under Section 12(2) of the Ordinance, which pertains to the payment of delayed or withheld wages. The Authority initially dismissed the petition, citing lack of jurisdiction due to the petitioner being classified as a factory. However, the Additional District Judge overturned this decision, recognizing Imtiaz Ahmad Taj as an employee under the Ordinance and awarding him compensation. The Lahore High Court ultimately affirmed the Authority's original stance, emphasizing that factories are explicitly excluded from the Ordinance's scope, thereby nullifying the Additional District Judge's order. This case underscores the critical distinction between different employment laws and their applicability based on the nature of the establishment, highlighting key legal principles in labor law and administrative jurisdiction. Key legal references include the Factories Act of 1934, West Pakistan Shops and Establishment Ordinance of 1969, and the Constitution of Pakistan, specifically Article 199. The court's decision reinforces the importance of accurately classifying establishments to determine the appropriate legal framework, ensuring that businesses adhere to relevant labor regulations while providing employees with clear avenues for redressal. This ruling serves as a precedent for future cases involving jurisdictional disputes between overlapping labor laws, offering clarity on the boundaries and enforcement mechanisms of employment-related ordinances in Pakistan's legal landscape. |
| Court |
Lahore High Court
|
| Entities Involved |
Imtiaz Ahmad Taj,
RAKO PHARMACAL LTD.,
Dr. MUNIR MUGHAL,
ADDITIONAL DISTRICT JUDGE LAHORE
|
| Judges |
IJAZ NISAR, J
|
| Lawyers |
Sh. Maqbool Ahmad,
Rana A. Hamid Talib
|
| Petitioners |
RAKO PHARMACAL LTD., MULTAN and another
|
| Respondents |
Dr. MUNIR MUGHAL, ADDITIONAL DISTRICT JUDGE LAHORE and 2 others
|
| Citations |
1988 SLD 499,
1988 PLC 176
|
| Other Citations |
Bashir Ahmad Zia v. The Chairman, Punjab Labour Appellate Tribunal and another 1982 SCMR 407,
I.E. Saleh v. Messrs International Laboratories Ltd., Karachi and 2 others PLD 1975 Kar. 279
|
| Laws Involved |
West Pakistan Shops and Establishment Ordinance,
Factories Act,
Constitution of Pakistan
|
| Sections |
VIII of 1969,
12(2),
12(6),
XXV of 1934,
2,
1973, Art. 199
|