2003 PLP (C (PLC(CS))

A. an initial contribution of ten crores of rupees to be made by the Federal Government; B. such moneys as may, from time to time, be paid by the industrial establishments under section 4 and section 4-A. Under section 4 every industrial establishment with a total income of not less than one lac rupees shall pay to the said Fund in respect of each year of account a. sum equal to 2% of so much of its total income as is assessable under the Income Tax Ordinance, 1979. The said section 4 further provides for the mode of payment and collection of the said amount. Section 4-A of the Ordinance provides for payment by every Industrial establishment of such additional amounts as are determined by a Committee to be appointed by the Provincial Government under subsection (2) of section 4-A. Section 6 lays down the purposes for which the moneys in the Fund shall be applied and these are as follows-- (a) the financing of projects connected with the establishment of housing estates or construction of houses for the workers; (b) the financing of other measures for the welfare of workers; (c) the meeting of expenditure in respect of the cost of management and administration of the Fund; (d) the repayment of loans raised by the Governing Body; and (e) investment in securities approved for the purpose by the Federal Government. Section 7 provides for the Constitution of a Governing Body by the Federal Government who is to be entrusted the management and administration of the said Fund. Section 11-A provides for constitution of a Workers' Welfare Board for the efficient management and administration of the moneys allocated from the said Fund.

4. Workers, Welfare Fund Rules, 1976 were made by the Federal Government in exercise of power conferred by section 15 of the said Ordinance, Schedule A to the said Rules provide for the Heads and Sub heads of account. Under the Head Expenditure, para-1 deals with allocations to the Provincial Governments, Agencies and Federal Government and Bodies Corporate for Financing of projects connected, inter alia, with development of plots of workers.

5. The Punjab Province Workers Welfare Board made the Punjab Province Workers Plots Allotment Regulations, 1976 pursuant to the provisions of section 11-C(f) of the said Ordinance. According to Regulation No.3 after the plots have been developed at a particular station the possession will be handed over to the Regional Heads of the Labour Department under whose jurisdiction the area in question falls and thereafter the Regional Allotment Committee will invite applications for allotment of plots in each category from eligible industrial workers of the station on the prescribed allotment Form P. Such a form is to be obtained on payment of Rupee One. Regulation 8 provides that the plots will be allotted free of cost. The pro forma of the allotment order annexed with these Regulations also lays down that the plot is to be allotted free of cost. Other terms and conditions are mentioned therein.

6. Having thus examined the said Ordinance, the Rules and the said Regulations I find that there is no provision at all authorizing the respondents to claim or charge' development charges from the Workers who are eligible to the allotment of the plots and whose applications for allotment are allowed in the manner stated therein. On the other hand, I find that the process of allotment starts when development has already taken place and it is at that stage that the applications are invited, considered and allowed or rejected. In case the application is allowed the said developed plot is to be allotted free of cost. This does not mean that only the land is to be allotted free of cost but the obvious purpose of the said provisions is to allot a developed plot free of cost to the eligible worker.

7. The learned counsel, for the respondent refers to the Housing Scheme Policy, 2002 which according to the learned counsel has been approved by the Punjab Workers Welfare Board. However the grievance made in writ petition is regarding allotments made long' before the adoption of file said policy by the said Workers. Welfare Board. Since the vires of legality of the said policy has not been questioned in this Court, of course for the reason that it has been promulgated in the year 2002 while writ petitioner makes grievance regarding allotments made in the year 1999 or prior to that or before the said policy; I would refrain from commenting upon the same. Suffice it to say at the moment that the said policy itself states that the earlier allotments shall be governed by the conditions under which it, was made. However I have already found that the condition regarding payment of development charges is not supported at all by the provisions of the said Ordinance, Rules and the Regulations framed thereunder.

8. This writ petition accordingly is allowed and it is declared that the act of the respondents in claiming or charging development charges in respect of plots allotted to the eligible workers-under the provisions of the said Workers' Welfare Funds Ordinance, 1971, the Rules and the Regulations framed thereunder are illegal and void and are declared to be without lawful authority. Any amount charged from any eligible worker to whom the plot has been allotted shall be refunded upon presentation of a claim to the said effect. No orders as to costs. H.B.T./P-104/L Petition allowed.