Dr. ZIAUDDIN HOSPITAL vs EMPLOYEES OLD AGE BENEFITS INSTITUTION Ss — 2026 PLC 132 KARACHI-HIGH-COURT-SINDH

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Dr. ZIAUDDIN HOSPITAL VS EMPLOYEES OLD AGE BENEFITS INSTITUTION Ss.9 & 35---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Availing of alternate remedy of appeal---Contribution towards Employees' Old-Age Benefits Institution (EOBI)---Determination---Revision/enhancement of minimum wage---Insistence of the petitioner-Trust on continuation of pre-amendment contribution---Validity---Petitioner had also filed an appeal before the relevant Tribunal in addition to the constitutional petition before the High Court, thus, approached two distinct forums simultaneously---Once a party elects to pursue an alternate remedy provided under statutory law, the jurisdiction of High Court under the Constitution ordinarily cannot be invoked---All judgments cited by the petitioner pertain to adjudications concerning wages, which were contested by various institutions and such issue of wages was not under consideration before High Court---Section 9 of the EOBI Act, 1976, was unequivocal regarding contributions---Wages had been increased and duly notified by both the Federation and the Provinces, however, the EOBI had not yet revised its contribution rates to reflect these changes, consequently, the petitioner's assertion that it will remit unrevised contribution (Rs. 170/- per month) was illogical, as the said section pertains to the assessment of contributions based on applicable monthly salaries---Pre-amendment contribution rate of per employee per month was now obsolete and no longer legally applicable---EOBI was mandated to revise the rates in alignment with the newly applicable wages across the country, implementing a uniform policy that compels employers to remit contributions in the interest of their workers, whose hard-earned income sustains their livelihoods and status---Constitutional petition was dismissed, in circumstances.

Dr. ZIAUDDIN HOSPITAL vs EMPLOYEES OLD AGE BENEFITS INSTITUTION Ss — 2026 PLC 132 KARACHI-HIGH-COURT-SINDH

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