| Case ID |
2c86f730-0dfd-494f-89b0-92b5cda394f3 |
| Body |
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| Case Number |
Writ Petition No.4984 of 1984 |
| Decision Date |
Nov 17, 2000 |
| Hearing Date |
Oct 25, 2000 |
| Decision |
The Lahore High Court ruled in favor of Sui Northern Gas Pipelines Limited, declaring the notification issued under the Provincial Employees' Social Security Ordinance (X of 1965) as unlawful. The court emphasized that the provisions of the Pakistan Essential Services Maintenance Act (LIII of 1952) take precedence over provincial law due to its overriding nature as a federal law. The court noted that the petitioners' employment had been declared essential services under the federal law, which meant that any conflicting provincial law could not be enforced against them. Consequently, the demand for contributions under the provincial statute was invalidated. The court's decision reflects the importance of understanding the hierarchy of laws in Pakistan, particularly the relationship between federal and provincial legislation. |
| Summary |
In the case of Sui Northern Gas Pipelines Limited vs. Government of the Punjab, the Lahore High Court addressed critical issues surrounding the applicability of the Provincial Employees' Social Security Ordinance in the context of the Pakistan Essential Services Maintenance Act. The petitioners argued that their employment was declared as essential services, thus rendering the provincial ordinance inapplicable. The court examined the conflict between federal and provincial laws, asserting that federal law prevails in cases of conflict as per Article 143 of the Constitution of Pakistan. The judgment underscored the significance of the essential services declaration which provided a framework for the rights and obligations of the parties involved. This case is pivotal for understanding labor laws in Pakistan, especially the dynamics between provincial regulations and federal mandates regarding essential services. Keywords such as 'labor law Pakistan', 'essential services maintenance', 'federal law precedence', and 'provincial law conflict' are trending and crucial for enhancing visibility and searchability in legal discussions. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of the Punjab,
Sui Northern Gas Pipelines Limited,
Ministry of Labour and Social Welfare
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Azhar Maqbool,
Muhammad Saleem Shahnazi,
Iftikhar Ahmed Dar
|
| Petitioners |
SUI NORTHERN GAS PIPELINES LIMITED LAHORE
|
| Respondents |
GOVERNMENT OF THE PUNJAB through Secretary, Ministry of Labour and Social Welfare, Lahore and another
|
| Citations |
2001 SLD 1869,
2001 PLC 383
|
| Other Citations |
Sardar Muhammad v. Noor Ahmad through Legal Heirs and others PLD 1991 SC 824,
Cantonment Board through Cantonment Executive Officer, Peshawar v. District Sanitary and Food Inspector, Peshawar and 3 others 1993 SCMR 941,
Water and Power Development Authority and others v. Mian Muhammad Riaz and another PLD 1995 Lah. 56,
Messrs Standard Printing Press v. Sindh Employees' Social Security Institution PLD 1978 Kar. 945,
Kohinoor Chemical Co. Ltd. and another v. Sindh Employees' Social Security Institution and another PLD 1977 SC 197,
Messrs Indus River Contractors, Tarbela v. Aziz Ahmad, Member, N.I.R.C. and another PLD 1980 Pesh. 216,
Pakistan Burmah Shell Ltd. v. Central Labour Commissioner and 5 others PLD 1982 Kar. 35,
Karachi Electric Supply Corporation Ltd. v. National Industrial Relations Commission and another PLD 1982 SC 113,
Pakistan Television Corporation v. M. Babar Zaman and others 1989 SCMR 1549,
Neimat Ali Goraya and 3 others v. Jaffar Abbas, Inspector/Sergeant Traffic through S.P. Traffic, Lahore and others 1996 PLC (C.S.) 878,
National Embroidery Mills Ltd. and others v. Punjab Employees' Social Security Institution 1993 SCMR 1201
|
| Laws Involved |
Provincial Employees' Social Security Ordinance (X of 1965),
Pakistan Essential Services Maintenance Act (LIII of 1952),
Constitution of Pakistan (1973)
|
| Sections |
1(3),
7-A,
143
|