| Case ID |
37dfccd7-48c3-4b07-9a5f-b49199165239 |
| Body |
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| Case Number |
Writ Petition No. 58700 of 2017 |
| Decision Date |
Apr 29, 2019 |
| Hearing Date |
Apr 24, 2019 |
| Decision |
The Lahore High Court dismissed the constitutional petitions challenging amendments made to the Provincial Employees' Social Security Ordinance, 1965. The Court held that the amendments did not amount to excessive delegation of legislative power and that the framework provided for the delegation was valid. The decision emphasized the importance of the state's obligation to provide social security to workers as mandated by the Constitution. The amendments were deemed necessary to adapt to changing economic conditions and ensure the welfare of the working class. The Court found that the delegation of powers to the executive was within permissible limits, as it was aimed at enhancing social security benefits for workers in light of fluctuating living costs and wage levels. |
| Summary |
This case revolves around the constitutionality of amendments made to the Provincial Employees' Social Security Ordinance, 1965. The Lahore High Court addressed whether these amendments constituted excessive delegation of legislative power. The Court highlighted the fundamental rights to social security and the state's obligation to implement laws ensuring social justice and welfare for the working class. The ruling reinforced the principle that the legislature can delegate certain functions to the executive, provided there are clear guidelines for exercising this power. The judgment also emphasized the need for laws to adapt to economic realities, ensuring that social security provisions keep pace with changes in wage levels and living costs. This case is significant in the context of labor rights and social welfare legislation in Pakistan, affirming the balance between legislative oversight and executive action in promoting social justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Nestle Pakistan,
DIRECTOR PESSI
|
| Judges |
SHAHID WAHEED, JUSTICE
|
| Lawyers |
Umer Abdullah,
Haroon Duggal,
Rafey Altaf,
Saleem Baig,
Munawar Ahmad Javed,
Omer Alvi,
Muhammad Umer Riaz,
Mian Mahmood Rasheed,
Habib-ur-Rehman,
Khalil-ur-Rehman,
Muhammad Arif Raja,
Ahmad Ali Ranjha,
Muhammad Hanif Raja,
Shoaib Tabish
|
| Petitioners |
Nestle Pakistan
|
| Respondents |
DIRECTOR PESSI AND OTHERS
|
| Citations |
2019 SLD 3302 = 2019 PLD 515
|
| Other Citations |
Kohinoor Chemical Co. Ltd. and another v. Sindh Employees' Social Security Institution and another PLD 1977 SC 197 rel.,
Muir Mills Co. Ltd. v. Suti Mills Mazdoor Union, Kanpur AIR 1955 SC 170,
Pamadi Subbarama Chetty v. Mirza Zewar Ali AIR 1960 Mysore 14,
Haji Ghulam Zamin and another v. A.B. Khondkar and others PLD 1965 Dacca 156,
Messrs Devi Das Gopal Krishnan v. State of Punjab and others AIR 1967 SC 1895,
Dacca Picture Palace Ltd v. Pakistan through Secretary, Ministry of Education and Information and others PLD 1969 Dacca 1,
Regional Director, Employees' State Insurance Corporation, Trichur v. Ramanuja Match Industries AIR 1985 SC 278,
Haryana Unrecognised Schools Association v. State of Haryana AIR 1996 SC 2108,
Messrs Gadoon Textile Mills and 814 others v. WAPDA and others 1997 SCMR 641,
Khawaja Ahmad Hassaan v. Government of Punjab and others 2005 SCMR 186,
Engineer Iqbal Zafar Jhagra and another v. Federation of Pakistan and others 2013 SCMR 1337,
Province of Sindh through Chief Secretary and others v. M.Q.M through Deputy Convener and others PLD 2014 SC 531,
Flying Cement Company v. Federation of Pakistan and others PLD 2016 Lah. 35
|
| Laws Involved |
Constitution of Pakistan, 1973,
Provincial Employees Social Security Ordinance (X of 1965)
|
| Sections |
9,
37,
38,
141,
142,
199,
1,
2(8)(f),
20,
71
|