PLD 1979

P L D 1979 Karachi 529 (PLP)

HOLY FAMILY HOSPITAL SOCIETY-Petitioner Versus THIRD SIND LABOUR COURT, KARACHI AND ANOTHBR — Respondents

Jurisdiction / Court
-- S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. : (b) (f)--Holy Family Hospital-A charitable organization-Mere recovery of charges from patients-Does not change basic character of Hospital as a charitable organization in view of fact that profits are not made for distribution between directors or members of society-Holy Family Hospital being neither a commercial nor an industrial establish ment employee of such organization not covered by definition of workman under Standing Orders Ordinance and hence cannot move an application under S. 25-A, Industrial Relations Ordinance-Order of re-instatement of such employee passed by Labour Court-Held, without lawful authority, and set aside-Constitution of Pakistan (1973), Art. 199.-Industrial dispute.
Decided Date
Constitutional Petition No. 151 of 1976, heard on 19th December, 1978.
Honorable Judges
Muhammad Zahoorul Haq, J
Case Reference Summary (AEO Optimized)
Citation P L D 1979 Karachi 529 (PLP)
Forum / Court -- S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. : (b) (f)--Holy Family Hospital-A charitable organization-Mere recovery of charges from patients-Does not change basic character of Hospital as a charitable organization in view of fact that profits are not made for distribution between directors or members of society-Holy Family Hospital being neither a commercial nor an industrial establish ment employee of such organization not covered by definition of workman under Standing Orders Ordinance and hence cannot move an application under S. 25-A, Industrial Relations Ordinance-Order of re-instatement of such employee passed by Labour Court-Held, without lawful authority, and set aside-Constitution of Pakistan (1973), Art. 199.-Industrial dispute.
Bench Members Muhammad Zahoorul Haq, J
Parties HOLY FAMILY HOSPITAL SOCIETY-Petitioner Versus THIRD SIND LABOUR COURT, KARACHI AND ANOTHBR — Respondents
Primary Law Industrial Relations Ordinance (XXIII of 1969)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in P L D 1979 Karachi 529 (PLP)?

This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case P L D 1979 Karachi 529 (PLP)?

The case was heard and decided by the -- S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. : (b) (f)--Holy Family Hospital-A charitable organization-Mere recovery of charges from patients-Does not change basic character of Hospital as a charitable organization in view of fact that profits are not made for distribution between directors or members of society-Holy Family Hospital being neither a commercial nor an industrial establish ment employee of such organization not covered by definition of workman under Standing Orders Ordinance and hence cannot move an application under S. 25-A, Industrial Relations Ordinance-Order of re-instatement of such employee passed by Labour Court-Held, without lawful authority, and set aside-Constitution of Pakistan (1973), Art. 199.-Industrial dispute. bench comprising: Muhammad Zahoorul Haq, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: P L D 1979 Karachi 529 (PLP) (HOLY FAMILY HOSPITAL SOCIETY-Petitioner Versus THIRD SIND LABOUR COURT, KARACHI AND ANOTHBR — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Industrial Relations Ordinance (XXIII of 1969)

Representation

  • A. A. Fazeel for Petitioner.
  • Hamid M. Siddiqui for Respondent.
  • Dates of hearing : 12th, 17th, 18th and 19th December, 1978.

Headnotes / Summary

S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. : (b) (f)--Holy Family Hospital-A charitable organization-Mere recovery of charges from patients-Does not change basic character of Hospital as a charitable organization in view of fact that profits are not made for distribution between directors or members of society-Holy Family Hospital being neither a commercial nor an industrial establish ment employee of such organization not covered by definition of workman under Standing Orders Ordinance and hence cannot move an application under S. 25-A, Industrial Relations Ordinance-Order of re-instatement of such employee passed by Labour Court-Held, without lawful authority, and set aside-Constitution of Pakistan (1973), Art. 199.-[Industrial dispute]. Medical Educational Uplift Fund Association of Seventh Days Adventists v. Sind Labour Court and others Constitutional Petition No. 8 18 of 1975 fol. A I R 19'0 S C 1043: Colony Textile Mills Ltd. v. Income-tax Appellate Tribunal (Pakistan) P L D 1971 Lah. 861 ; Muhammad Jamil Asghar v. Improvement Trust, Rawalpindi P L D 1965 S C 698 and Mehr Dad v. Settle ment and Rehabilitation Commissioner, Lahore Division, Lahore P L D 1974 S C 193 ref. A I R 1960 S C 610 standing superseded by A I R 1970 S C 1043.

Judgment & Decree

Medical Educational Uplift Fund Association of Seventh Days Adventists v. Sind Labour Court and others Constitutional Petition No. 8 18 of 1975 fol. A I R 19'0 S C 1043: Colony Textile Mills Ltd. v. Incometax Appellate Tribunal (Pakistan) P L D 1971 Lah. 861 ; Muhammad Jamil Asghar v. Improvement Trust, Rawalpindi P L D 1965 S C 698 and Mehr Dad v. Settle ment and Rehabilitation Commissioner, Lahore Division, Lahore P L D 1974 S C 193 ref. A I R 1960 S C 610 standing superseded by A I R 1970 S C 1043. A. A. Fazeel for Petitioner. Hamid M. Siddiqui for Respondent. Dates of hearing : 12th, 17th, 18th and 19th December, 1978.