4668/2015 Const. P. Lucky Cement Ltd (Petitioner) V/S Fed. of Pakistan and Ors (Respondent)
Bench: Hon'ble Mr. Justice Salahuddin Panhwar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
4668/2015 Const. P. Lucky Cement Ltd (Petitioner) V/S Fed. of Pakistan and Ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Salahuddin Panhwar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon Order Date: 07-SEP-21
Petitioner employers sought declaration that demand of contributions by the Federal EOBI under EOBI Act 1976 is illegal as EOBI became federal subject after 18th Amendment and subsequent Sindh EOBI Act 2014; Sindh Province did enact the Act 2014 but could not establish the Institution; CCI resolved EOBI shall remain with Federal Government. Held petitioners cant take benefit of dispute between the Federation and Province; priority must be given to the employees as the Old Age Benefit law is a beneficial law, aimed for the benefit of the employees therefore in case contribution amount is not received by the EOBI ultimately it is the employees who will suffer. Hence these petitions are disposed of in terms that petitioners shall deposit the contributions and other dues according to EOBI Act 1976; all amount deposited with the Nazir shall be returned in favour of the EOBI established under the EOBI Act 1976.