NAZAR MUHAMMAD BHUTTA And Others vs EXECUTIVE ENGINEER, TUBE WELL
This matter concerns a petition for leave to appeal against a judgment of the Sind High Court regarding the interpretation of the term 'employee' under the Employees Cost of Living (Relief) Act, 1973. The core legal question involves determining the scope of the definition of 'employee' for the purpose of entitlement to Cost of Living Allowance benefits. The High Court's impugned judgment interpreted this term in a manner that conflicted with a previous decision by another Single Judge of the same High Court, which had held employees entitled to such benefits. Recognizing the necessity for an authoritative pronouncement to resolve this judicial conflict and clarify the statutory interpretation, the Supreme Court granted leave to appeal. The Court ordered that the appeals be heard on the existing record, thereby setting the stage for a definitive ruling on the applicability of the Act to the petitioners.
- What is the correct interpretation of the term 'employee' under the Employees Cost of Living (Relief) Act, 1973?
- Are employees entitled to the benefit of Cost of Living Allowance under the Employees Cost of Living (Relief) Act, 1973?
- Section 2(b), Employees Cost of Living (Relief) Act, 1973
ORDER
1. S.A. NUSRA T, J.-- The above-connected petitions arise out of s common judgment of the Sind High. Court, dated 6-2-1986 and involve common question of law .
2. 2.The impugned judgment turns on the interpretation of the term 'employee' as given in section 2(b) of the Employees Cost of Living (Relief) Act, 1973. The learned counsel for the petitioners has produced certified copy of a judgment rendered in Constitutional Petition No. S-62 of 1983, Government of Sind v. The Executive Engineer by another learned Single Judge of the same High Court dissenting with the interpretation of term 'employee' given in the impugned judgment. In the said case the employees were held entitled to the benefit of Cost of Living Allowance under the provisions of the aforesaid Act. In the circumstances an authoritative pronouncement by this Court in the matter seems necessary . Leave to appeal is accordingly granted. Security Rs.500 in each case.
3. The appeals shall be heard on the present record.