| Case ID |
ed0c9462-ad6c-4d3e-9164-eea9e9bf47c1 |
| Body |
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| Case Number |
Writ Petition No. 567-M of 2015 |
| Decision Date |
May 24, 2022 |
| Hearing Date |
|
| Decision |
The High Court dismissed the constitutional petition filed by the petitioners, who were ex-employees disputing the non-payment of their contributions to the Employees' Old Age Benefits Institution. The Court determined that the questions raised required an inquiry that could not be conducted within the constitutional jurisdiction under Article 199 of the Constitution. Since all petitioners had either retired or had their services terminated in 1997, the determination of their service duration was also a question necessitating individual inquiries. The High Court ruled that appropriate forums existed for the redressal of their grievances under Chapter VII, Sections 33, 34, and 35 of the Employees' Old Age Benefits Act, 1976. The Court concluded that it would not interfere in the matter, resulting in the dismissal of the constitutional petition. |
| Summary |
The case revolves around the Employees Old Age Benefits Act, 1976, focusing on the rights of ex-employees concerning their contributions. The petitioners, all retired or terminated in 1997, sought redress for non-payment but were directed to appropriate forums for resolution. The High Court emphasized the need for inquiries into individual circumstances, confirming the dismissal of their constitutional petition. This case highlights the importance of established legal frameworks for employee benefits and the limitations of constitutional jurisdiction in employment disputes. |
| Court |
Peshawar High Court
|
| Entities Involved |
EMPLOYEES OLD AGE BENEFIT INSTITUTION
|
| Judges |
MUHAMMAD NAEEM ANWAR,
MUHAMMAD IJAZ KHAN,
MUHAMMAD IBRAHIM
|
| Lawyers |
|
| Petitioners |
|
| Respondents |
2 others,
CHAIRMAN BOARD OF TRUSTEES EMPLOYEES OLD AGE BENEFIT INSTITUTION HEAD OFFICE KARACHI
|
| Citations |
2023 SLD 372 = 2023 PLC 15
|
| Other Citations |
Chief Manager, State Bank of Pakistan and 2 others v. Ghulam Rasool and others 2011 SCMR 313,
Mushtaq Ahmad v. S.H.O and others 2004 MLD 1502,
Syed Asif Akhtar Hashmi v. Malik Muhammad Riaz and 3 others PLD 2008 Lah. 235,
Pakcom Limited and others v. Federation of Pakistan and others PLD 2011 SC 44,
Fida Hussain and another v. Mst. Saiqa and others 2011 SCMR 1990,
Government of Punjab v. Ghulam Nabi PLD 2001 SC 415,
Allah Ditta and others v. Malik Ijaz Hussain 1986 SCMR 959,
William Lawrence v. Government of Pakistan and others 1986 SCMR 1077,
Munir Ahmad Munir v. The Province of Punjab through the Secretary, Home Department, Lahore 1987 SCMR 396,
Allah Bakhsh and another v. Muhammad Ismail and others 1987 SCMR 810,
Muhammad Aslam v. Member Colonies, Board of Revenue, Punjab, Lahore and another 1988 SCMR 1803,
Mubarik Ali, Sons v. Employees’ Old-Age Benefits Institution and others 1994 PLC 686,
Asif Fasihuddin Khan Vardag v. Government of Pakistan 2014 SCMR 676 rel.
|
| Laws Involved |
Employees Old Age Benefits Act, 1976
|
| Sections |
11(1),
11(2),
33,
34,
35
|