2009 PLP (C (PLC(CS))
GENERAL MANAGER (H.R.), SOUTHERN TELECOMMUNICATION Versus SECRETARY LABOUR, TRANSPORT, INDUSTRIES AND COMMERCE DEPARTMENT, GOVERNMENT OF SINDH and 2 others
| Citation | 2009 PLP (C (PLC(CS)) |
| Forum / Court | Karachi High Court |
| Bench Members | Anwar Zaheer Jamali, C.J. and Zafar Ahmed Khan Sherwani, J |
| Parties | GENERAL MANAGER (H.R.), SOUTHERN TELECOMMUNICATION Versus SECRETARY LABOUR, TRANSPORT, INDUSTRIES AND COMMERCE DEPARTMENT, GOVERNMENT OF SINDH and 2 others |
| Primary Law | Sindh Workers Education Cess (Collection) Rules, 1994 |
Q1: What are the key laws and sections cited in 2009 PLP (C (PLC(CS))?
This judgment primarily cites: Sindh Workers Education Cess (Collection) Rules, 1994 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP (C (PLC(CS))?
The case was heard and decided by the Karachi High Court bench comprising: Anwar Zaheer Jamali, C.J. and Zafar Ahmed Khan Sherwani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP (C (PLC(CS)) (GENERAL MANAGER (H.R.), SOUTHERN TELECOMMUNICATION Versus SECRETARY LABOUR, TRANSPORT, INDUSTRIES AND COMMERCE DEPARTMENT, GOVERNMENT OF SINDH and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shabbir Ahmed Awan for Petitioner.
- During the course of his arguments, learned counsel for petitioner has pointed out that against one of the impugned orders dated 22-4-2006, remedy of appeal was available to the petitioner under Rule 15 of the Sindh Workers Education Cess (Collection) Rules, 1994, which was duly followed by them, but due to the difficulty that-at the relevant time the Secretary, who was competent officer to hear this appeal in terms of Rule 15 was the same officer, who had passed the impugned order, dated 22-4-2006, he could not hear that appeal, as informed, vide letter of Section Officer, dated 17th December, 2007, while the Additional Secretary, who was entrusted this appeal, vide letter, dated 21-1-2008 also declined to near it, vide letter, dated 21-2-2008 on the ground that the virtue of Rule 15, only the Secretary Labour Department was competent to hear the, appeal. He further submits that Secretary Labour has now changed, therefore, the present Secretary can hear the appeal in accordance with law. To this suggestion, learned Additional Advocate-General Sindh as well as learned counsel for respondents Nos.2 and 3 have frankly conceded.
- We accordingly dispose of this appeal in the terms that the appeal under Rule 15 of the Sindh Workers Education Cess (Collection) Rules, 1994, preferred by the petitioner, shall be deemed to be pending and shall be heard and disposed of by the Secretary Labour in accordance with Rule 15 within two months from the date of this order. Needless to observe that it will be open for respondents Nos.2 and 3 to agitate all legal points as to the maintainability of the appeal.
Headnotes / Summary
R. 15
Constitution of Pakistan (1973), Art.199
Constitutional petition
Petitioner company had sought declaration that company was not liable to pay Education cess as claimed by the authorities
Counsel for the company had pointed out that remedy of appeal was available to the company under R.15 of the Sindh Workers Education Cess (Collection) Rules, 1994, which was duly followed, but due to the fact that at the relevant time, the Secretary, who was competent officer to hear appeal in terms of R.15, was the same officer who had passed the impugned order and thus, he could not hear the appeal; that Additional Secretary, who was entrusted the appeal, also declined to hear the same and that Secretary having been changed, present Secretary could hear the appeal in accordance with law
High Court held that appeal under R.15 of Sindh Workers Education Cess (Collection) Rules, 1994, preferred by the company, would be deemed to be pending and would be heard and disposed of by the Secretary Labour in accordance with R.15 within specified period. Abdul Fatah Malik, Addl. A.-G. Sindh. Jawwad Sarwana undertakes to file his Vakalatnama on behalf of Respondents Nos.2 and 3.
Judgment & Decree
The petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for seeking following reliefs in the matter:
"(i) Declare that letter, dated 16-6-2005 issued by the respondent No.3 is illegal, void, rnala fide, contrary to law and of no legal effect. (ii) Set aside appellate order, dated 22-4-2006 passed by the respondent No.2 declaring the same to be illegal, void, mala fide, contrary to law and of no legal effect. (iii) Hold and declare that the petitioner-company is not liable to pay Education Cess as claimed by the respondent No.3. (iv) Grant any other equitable relief/s deemed proper under the circumstances of this petition. (v) Award costs of this petition." During the course of his arguments, learned counsel for petitioner has pointed out that against one of the impugned orders dated 22-4-2006, remedy of appeal was available to the petitioner under Rule 15 of the Sindh Workers Education Cess (Collection) Rules, 1994, which was duly followed by them, but due to the difficulty that-at the relevant time the Secretary, who was competent officer to hear this appeal in terms of Rule 15 was the same officer, who had passed the impugned order, dated 22-4-2006, he could not hear that appeal, as informed, vide letter of Section Officer, dated 17th December, 2007, while the Additional Secretary, who was entrusted this appeal, vide letter, dated 21-1-2008 also declined to near it, vide letter, dated 21-2-2008 on the ground that the virtue of Rule 15, only the Secretary Labour Department was competent to hear the, appeal. He further submits that Secretary Labour has now changed, therefore, the present Secretary can hear the appeal in accordance with law. To this suggestion, learned Additional Advocate-General Sindh as well as learned counsel for respondents Nos.2 and 3 have frankly conceded. We accordingly dispose of this appeal in the terms that the appeal under Rule 15 of the Sindh Workers Education Cess (Collection) Rules, 1994, preferred by the petitioner, shall be deemed to be pending and shall be heard and disposed of by the Secretary Labour in accordance with Rule 15 within two months from the date of this order. Needless to observe that it will be open for respondents Nos.2 and 3 to agitate all legal points as to the maintainability of the appeal. H.B.T./G-31/K Order accordingly.