| Case ID |
37a22574-5ff4-4f39-9967-90e07d117bc7 |
| Body |
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| Case Number |
Writ Petitions Nos. 1373 and 5084 of 1985 |
| Decision Date |
Jun 03, 1990 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the Writ Petitions Nos. 1373 and 5084 of 1985, asserting that the provisions of the Employees Old-Age Benefits Act, 1976 were applicable to the petitioners, which were clubs incorporated under the Companies Act, 1913. The court emphasized that the amendment in the definition of 'establishment' by Ordinance XVII of 1983 explicitly included clubs, leading to the conclusion that the petitioners were liable to contribute to the Old-Age Benefits Scheme for their employees. The court ruled that a narrow interpretation of statutes, particularly in beneficial and remedial laws, contradicts legislative intent and that the clubs, despite being non-profit, fell under the purview of the Act. The court also noted that the petitioners had failed to avail themselves of the adequate legal remedies available, further justifying the dismissal of their petitions. As a result, the costs were left to be borne by the parties involved. |
| Summary |
In the case of Writ Petitions Nos. 1373 and 5084 of 1985, the Lahore High Court addressed the applicability of the Employees Old-Age Benefits Act of 1976 to clubs incorporated under the Companies Act, 1913. The core issue revolved around whether the clubs were considered 'establishments' under the Act, especially prior to the amendment in 1983. The court highlighted that the original definition of 'establishment' was broad enough to encompass various organizations, including non-profit entities such as clubs. The judgment emphasized that the intent of the legislature was to ensure that all organizations, regardless of their profit-making status, contributed to employee benefits. The court dismissed the petitions on grounds of inadequate legal remedies pursued by the petitioners and upheld the necessity for clubs to comply with the Old-Age Benefits Scheme. This case serves as a pivotal reference for understanding the interpretation of laws concerning employee benefits and the obligations of various organizations under statutory requirements. Keywords: Employees Old-Age Benefits Act, Lahore High Court, clubs, legal obligations, employee benefits, statutory interpretation. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Club,
Lahore Gymkhana Club,
Employees Old-Age Benefits Institution
|
| Judges |
MALIK MUHAMMAD QAYYUM, J
|
| Lawyers |
Not available
|
| Petitioners |
Punjab Club, Lahore,
Lahore Gymkhana Club, Lahore
|
| Respondents |
Employees Old-Age Benefits Institution
|
| Citations |
1991 SLD 1806,
1991 PLC 72
|
| Other Citations |
PLD 1977 S C 197,
PLD 1989 S C 128
|
| Laws Involved |
Employees Old-Age Benefits Act
|
| Sections |
2(c)
|