THE LAHORE DEVELOPMENT AUTHORITY vs ABDUL SHAFIQUE And Others
This matter concerns a petition for leave to appeal filed by the Lahore Development Authority (LDA) against the Lahore High Court's judgment, which had upheld the reinstatement of employees whose services were terminated by the LDA. The core legal question is whether the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, applies to the Lahore Development Authority, given its status as a statutory body. The petitioner contends that the LDA is neither an industrial nor a commercial establishment, thereby excluding it from the Ordinance's ambit. Furthermore, the petitioner argues that even if it were considered such an establishment, it operates under the authority of the Provincial Government and is governed by its own statutory service regulations framed under the Lahore Development Authority Act, 1975. The Supreme Court, finding that the interpretation of several statutes is involved, granted leave to appeal to examine whether the LDA falls within the definition of an industrial or commercial establishment and the applicability of the Ordinance's proviso regarding statutory service rules.
- Does the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 apply to the Lahore Development Authority?
- Is the Lahore Development Authority considered an industrial or commercial establishment under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968?
- Do statutory service regulations framed under the Lahore Development Authority Act 1975 require publication in the official Gazette to be applicable?
- Section 4(a), West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968
- Section 45, Lahore Development Authority Act 1975
ORDER
ABDUL SHAKURUL SALAM, J: --This order will deal with C.P s. Nos. 994 to 1005/1, of 1992.
1.Petitioner Lahore Development Authority seeks leave to appeal against orders of a learned Judge of the Lahore High Court in Writ Petition No. 2924/86 dated 26-5-1992 and in connected matters.
2. Relevant facts are that the petitioner terminated the services, of its employees, the respondents whereupon they successfully challenged the orders before the Labour. Courts. The petitioner's Constitution petitions failed in the Lahore High Court.
3. Contention of the learned counsel for the petitioner is that West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 applies vide section 4(a) to "industrial or commercial establishment". Lahore Development Authority is not an industrial, nor a commercial establishment. In this view of the matter, the learned counsel submits that there is no need to go on to consider or apply the proviso which reads as follows:- "Provided that nothing in this Ordinance shall apply to industrial and commercial establishments carried on by or under the authority of the Federal or any Provincial Government, where statutory rules of service, conduct or discipline are applicable to the workmen employed therein."
Contention is that the petitioner being neither industrial nor commercial establishment, its being carried on under the authority of the Provincial Government would not arise, though if it were such an establishment, it was under the Provincial Government. In that event statutory rules of service framed under section 45 of the Lahore Development Authority Act, though called regulation were promulgated in 1978 and approved by the competent Authority. Their publication in the Gazette subsequently would not affect their applicability as those were not required to be gazetted by the Statute. Interpretation of several statutes is involved. Therefore, leave to appeal is granted.