MUHAMMAD RAFIQUE vs FEDERATION OF PAKISTAN S — 2025 PLC 38 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD RAFIQUE VS FEDERATION OF PAKISTAN S.22(1)(b) & Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Monthly pension---Length of service---Rounding off---Contributions towards Employees Old-Age Benefits Institution (EOBI) Funds---Complaint and review for pensionary benefits were dismissed by adjudicating authority for being short of the required length of service of 15 years---Held, that rounding off is in-built in the calculation of old age pension as provided for in the Schedule, meaning thereby that where service of an employee is more than 14.5 years he/she shall automatically become entitled to old age pension---Stipulation of rounding off contained in the Schedule to the Employees' Old-Age Benefits Act, 1976 ('the Act') was not at all considered in the orders, which is explanatory in character and must be read as the same expresses a clear intention that the length of service provided in proviso (b) to S.22(1) of Act is to be construed in conjunction with and subject to the Schedule, and the length of service contained in the proviso in question is controlled by the Explanation contained in the Schedule---Strict adherence to the text of proviso (b) to S.22(1) of the Act requiring 15 years of service as a compulsory condition would destroy and make the Explanation redundant contained in the Schedule---Such a narrow construction is not permissible as the Act is required to be construed as a whole---Proviso cannot nullify the primary objective of the main provision, meaning thereby that proviso cannot be allowed to operate in conflict with what is expressed in the main provision---Being a beneficial statute, the Act is required to be construed in the perspective and the purpose for which it was enacted---Interpretation of various provisions ought to be carried out in a manner that advances the objective of the Act and in favour of the employees especially so when the Schedule itself is quite explicit in granting benefit to such employees, who have completed more than six months of service for it to be treated as one full year---Constitutional petition was allowed accordingly with a direction to respondents/Department to pay old age pension to the petitioners.

MUHAMMAD RAFIQUE vs FEDERATION OF PAKISTAN S — 2025 PLC 38 LAHORE-HIGH-COURT-LAHORE

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