ICI PAKISTAN LIMITED vs APPELLATE AUTHORITY, BOARD OF TRUSTEES OF THE EMPLOYEE OLD AGE BENEFITS INSTITUTION Ss

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ICI PAKISTAN LIMITED VS APPELLATE AUTHORITY, BOARD OF TRUSTEES OF THE EMPLOYEE OLD AGE BENEFITS INSTITUTION Ss. 2(e)(vii), 9, 10, 12 & 40---Road Transport Workers Ordinance (XXVIII of 1961), S.2(7)---Drivers of road transport---Companies/service status of employee---Determination---Petitioner / company was aggrieved of demand notice seeking recovery of contribution on behalf of drivers and other employees of goods transport companies engaged by petitioner / company for distribution of its products all over Pakistan---Validity---Road transport service as per definition under S. 2(e)(vii) of Employees' Old-Age Benefits Act, 1976, read with Road Transport Workers Ordinance, 1961, means an "establishment" in which case it would be the "employer" in relation to the "employees" employed by it directly or through any other person by virtue of definitions of such terms---If clients / customers of such road transport service are considered as "employer" vis a vis the employees of road transport service then definition of "establishment" to the extent of S.2(e)(v) of Employees' Old-Age Benefits Act, 1976, would become redundant as a road transport service would never be the "employer" itself---Authorities failed to consider whether respondent was a road transport service or not and the effect thereof---No hard and fast rule could be laid out for the purpose of determining whether a person was employed by an "industry" or "establishment" through any other person or whether such person was the employee of independent contractor the "industry" or "establishment" had contracted with for provision of services---Each case had to be decided on the basis of its own peculiar facts and circumstances---No decision could be reached without analysis of relevant factors---Authorities in their order and decision in question did not take into consideration relevant factors nor weighed in on them as required---High Court set aside the order and decision in question and matter was remanded to Adjudicating Authority of Employees' Old-Age Benefits Institution to decide petitioner's complaint afresh in accordance with the law---Constitutional petition was allowed accordingly.

ICI PAKISTAN LIMITED vs APPELLATE AUTHORITY, BOARD OF TRUSTEES OF THE EMPLOYEE OLD AGE BENEFITS INSTITUTION Ss — 2024 PLC 188 ISLAMABAD

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