| Case ID |
385f884c-57fb-4acb-8472-9ba5755db1b0 |
| Body |
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| Case Number |
C.P. Nos.328-K and 334-K of 2008 |
| Decision Date |
Sep 24, 2008 |
| Hearing Date |
Sep 24, 2008 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal in this case to consider the applicability of the Provincial Employees Social Security Ordinance, 1965 to the petitioner, a charitable organization providing free education. The court noted that the lower court's judgment did not adequately address the nature of the organization as a non-establishment under the Ordinance. The court highlighted that previous judgments indicated schools may not fall under the definition of establishment as per the Ordinance. The case emphasizes the need for a factual inquiry into the benefits provided by the organization to its employees. |
| Summary |
In the case of C.P. Nos.328-K and 334-K of 2008, the Supreme Court of Pakistan addressed the issue of whether the Provincial Employees Social Security Ordinance, 1965 applies to a charitable organization providing free education. The petitioner argued that it should not be classified as an establishment under the Ordinance. The High Court had previously directed the petitioner to register its employees with the Social Security Institution, which the petitioner contested. The ruling hinged on the interpretation of the term 'establishment' as defined in the Ordinance and its implications for educational institutions. The decision is significant as it clarifies the legal status of charitable organizations under social security laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Don Bosco High School, Empress Road, Lahore,
Director, Social Security
|
| Judges |
MUHAMMAD MOOSA K. LEGHARI,
SYED ZAWWAR HUSSAIN JAFFERY,
SARMAD JALAL OSMANY
|
| Lawyers |
Qazi Faez Isa, Advocate Supreme Court,
S.A. Sarwana, Advocate Supreme Court,
K.A. Wahab, Advocate-on-Record
|
| Petitioners |
Petitioner
|
| Respondents |
Respondent No.3,
Director, Social Security
|
| Citations |
2009 SLD 3102,
2009 PLC 292
|
| Other Citations |
2005 PLC 110,
PLD 1989 SC 128
|
| Laws Involved |
Provincial Employees Social Security Ordinance, 1965,
Constitution of Pakistan, 1973
|
| Sections |
2(11),
3,
185(3)
|