| Case ID |
451202f1-9154-4035-986f-a8f1eace48a6 |
| Body |
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| Case Number |
D-2004 of 1998, D-165 of 2006, D-1478 of 2003, D-3 |
| Decision Date |
Apr 25, 2008 |
| Hearing Date |
Apr 22, 2008 |
| Decision |
The Sindh High Court concluded that the term 'establishment' within the Provincial Employees' Social Security Ordinance of 1965 encompasses educational institutions. Consequently, the court determined that the ordinance applies to the petitioners' educational institutions, thereby dismissing all three constitutional petitions brought forth by the ALRAI Memorial Educational Society. The decision reinforces the applicability of the Employees' Social Security Ordinance to a broader range of organizations, including those operating on a charitable basis, ensuring that employees of such institutions are afforded protections under the Ordinance. As a result, the petitioners' arguments contesting the ordinance's applicability to educational establishments were unsubstantiated, leading to the dismissal of their petitions. |
| Summary |
In the landmark case adjudicated by the Sindh High Court, the constitutional petitions numbered D-2004 of 1998, D-165 of 2006, D-1478 of 2003, and D-3108 of 1996 were deliberated upon with a final decision rendered on April 25, 2008. The petitioners, represented by Shahid Anwar Bajwa of ALRAI Memorial Educational Society, challenged the applicability of the Provincial Employees' Social Security Ordinance (X of 1965) to educational institutions. They argued that their institutions, being non-profit and focused on spiritual and educational upliftment, did not fall under the traditional definitions of business, trade, or manufacturing as outlined in sections 1(3), 2(ii), and 20 of the Ordinance.
The respondents, including the Commissioner of Sindh Employees and the Social Security Institute of Karachi, maintained that the term 'establishment' within the Ordinance was intentionally broad to encompass a wide variety of organizations, including educational institutions. The court meticulously analyzed previous case laws, such as Employees' Union, Jamia, Karachi v. Registrar of Trade Unions, and Board of Governors Aitcheson College, Lahore v. Punjab Labour Appellate Tribunal, to determine the legislative intent behind the Ordinance.
Key legal arguments revolved around the interpretation of the term 'establishment' and whether educational institutions should be included under its ambit. The petitioner’s counsel invoked the doctrine of 'ejusdem generis' to argue for a narrow interpretation, excluding non-material service providers like educational institutions. In contrast, the respondent’s counsel emphasized the broad and liberal interpretation of 'establishment' to ensure comprehensive coverage of all employee categories, regardless of the nature of the institution.
The court ultimately sided with the respondents, emphasizing that welfare legislation like the Provincial Employees' Social Security Ordinance should be interpreted broadly to serve its protective purpose. The judgment highlighted that excluding educational institutions would undermine the very objective of providing social security to all employees, including those in non-profit sectors. References to additional cases, such as Holy Family Hospital and others v. Government of Sindh and Sacred Heart High School v. Director, Social Security, further supported the court's decision to include educational institutions within the Ordinance's scope.
This decision has significant implications for educational establishments in Sindh, ensuring that their employees receive the same social security benefits as those in industrial, commercial, or agricultural sectors. The judgment underscores the judiciary's role in interpreting statutes in a manner that aligns with their intended social welfare objectives, promoting inclusivity and comprehensive protection for all workers. Legal professionals and educational institutions alike can draw from this precedent to better understand the applicability of social security laws within Pakistan's diverse economic landscape. The case also sets a benchmark for future litigations concerning the interpretation of statutory terms in favor of expansive and inclusive definitions to achieve legislative intent and societal benefit. |
| Court |
Sindh High Court
|
| Entities Involved |
ALRAI MEMORIAL EDUCATIONAL SOCIETY,
COMMISSIONER, SINDH EMPLOYEES,
SOCIAL SECURITY INSTITUTE, KARACHI
|
| Judges |
MRS. YASMEEN ABBASEY,
DR. RANA MUHAMMAD SHAMIM
|
| Lawyers |
Shahid Anwar Bajwa,
Jawwad Sarwana
|
| Petitioners |
ALRAI MEMORIAL EDUCATIONAL SOCIETY
|
| Respondents |
3 others,
COMMISSIONER, SINDH EMPLOYEES, SOCIAL SECURITY INSTITUTE, KARACHI
|
| Citations |
2008 SLD 2075,
2008 PLC 293
|
| Other Citations |
Employees' Union, Jamia, Karachi v. Registrar of Trade Unions, Sindh and 2 others 1981 PLC 403,
Board of Governors Aitcheson College, Lahore v. Punjab Labour Appellate Tribunal and others 2001 PLC 589,
Holy Family Hospital and another v. Government of Sindh and another 1985 SCMR 593,
Multiline Associates v. Ardeshir Cowasjee and 2 others PLD 1995 SC 423,
Don Basco High School Empress Road Lahore v. Director, Social Security and 2 others 2005 PLC 110,
St. Bonaventure's Boys High Schools Tilak Incline and Qasimabad, Hyderabad through Authorized Representative and another v. Province of Sindh through Secretary Labour and Transport, Government of Sindh and 2 others 2004 PLC 381,
Province of East Pakistan v. Sirajul Huq Patwari PLD 1966 SC 854,
AIR Assam 22,
Lila Vati Bai v. State of Bombay AIR 1957 SC 521,
K.G. Old Principal, Christian Technical Training Centre, Gujranwala v. Presiding Officer, Punjab Labour Court, Northern Zone and 6 others PLD 1976 Lah. 1097,
The Managing Committee, Attock Industrial School v. Presiding Officer, Punjab Labour Court No.2, Lahore and another 1985 PLC 936,
The University of Delhi and another v. Ram Nath and others AIR 1963 SC 1873,
Management of Safdar Jung Hospital, New Delhi v. Kuldip Singh Sethi AIR 1970 SC 1407
|
| Laws Involved |
Provincial Employees' Social Security Ordinance (X of 1965),
Constitution of Pakistan (1973),
Industrial Relations Ordinance, 1969
|
| Sections |
1(3),
2(ii),
20,
Art.199,
2(ii)
|