207/2012 Suit ARBAB A.MUNIR (Plaintiff) V/S MACKINNONS MACKENZIE & CO (Defendant)

Sindh High Court2016

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)

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207/2012 Suit ARBAB A.MUNIR (Plaintiff) V/S MACKINNONS MACKENZIE & CO (Defendant) Sindh High Court Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 27-JAN-16 Insofar as the amended clause-8A in the Supplemental Trust Deed for superannuation fund is concerned, since the plaintiff resigned much prior to the alleged amendment, it cannot be applied retrospectively though the subject clauses such as (ii) and (iii) of clause-8A of the aforesaid Deed have not been challenged but apparently it amounts to usurping the rights of the member/ pensioner who has throughout his life has done only one business and that it would be unlawful for a company to enforce such terms which are contrary and violative of the fundamental and constitutional rights as guaranteed.
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