| Case ID |
38de67b4-46d9-4ef3-ae16-ca2c8c144cf0 |
| 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 to consider whether the provisions of the Provincial Employees Social Security Ordinance, 1965 apply to charitable organizations such as the petitioner, which provides free education. The court analyzed the nature of the petitioner as a charitable organization and its obligations under the law, particularly focusing on the definition of 'Establishment' in Section 2(11) of the Ordinance. The appeal was prompted by the High Court's directive for the petitioner to register its employees with the institution, which the petitioner contested on the grounds of its charitable nature and the nature of its operations. The court ultimately determined that the issue raised warranted further examination. |
| Summary |
This case revolves around the applicability of the Provincial Employees Social Security Ordinance, 1965, to charitable organizations, specifically focusing on a school providing free education. The Supreme Court of Pakistan's decision highlighted the legal complexities faced by non-profit entities regarding employee registration under social security laws. The court's ruling is significant for educational institutions operating as charitable organizations, as it addresses the interpretation of 'Establishment' within the context of social security obligations. The case references previous rulings which clarified similar legal interpretations, providing a framework for future cases involving charitable institutions and social security requirements. Keywords such as 'charitable organization', 'social security law', 'educational institutions', and 'legal compliance' are essential for understanding the implications of this ruling. The case reflects ongoing discussions about the balance between legal obligations and charitable missions, making it a critical point of reference for similar future legal challenges. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Director, Social Security,
Don Bosco High School
|
| 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 |
Don Bosco High School
|
| Respondents |
Director, Social Security and 2 others
|
| Citations |
2009 SLD 3106 = 2009 PLC 292
|
| Other Citations |
Don Bosco High School, Empress Road, Lahore v. Director, Social Security and 2 others 2005 PLC 110,
Don Bosco High School v. Assistant Director, E.O.B.I. and others PLD 1989 SC 128
|
| Laws Involved |
Provincial Employees Social Security Ordinance, 1965,
Constitution of Pakistan, 1973
|
| Sections |
2(11),
185(3)
|