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Before Muhammad Zahoorul Haq, J
HOLY FAMILY HOSPITAL SOCIETY‑Petitioner
versus
THIRD SIND LABOUR COURT, KARACHI AND ANOTHBR ---Respondents
Constitutional Petition No. 151 of 1976, heard on 19th December, 1978.
‑‑ S. 25‑A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. : (b) (f)‑‑Holy Family Hospital‑A charitable organization‑Mere recovery of charges from patients‑Does not change basic character of Hospital as a charitable organization in view of fact that profits are not made for distribution between directors or members of society‑Holy Family Hospital being neither a commercial nor an industrial establish ment employee of such organization not covered by definition of workman under Standing Orders Ordinance and hence cannot move an application under S. 25‑A, Industrial Relations Ordinance‑Order of re‑instatement of such employee passed by Labour Court‑Held, without lawful authority, and set aside‑Constitution of Pakistan (1973), Art. 199.‑[Industrial dispute].
Medical Educational Uplift Fund Association of Seventh Days Adventists v. Sind Labour Court and others Constitutional Petition No. 8 18 of 1975 fol.
A I R 19'0 S C 1043: Colony Textile Mills Ltd. v. Income‑tax Appellate Tribunal (Pakistan) P L D 1971 Lah. 861 ; Muhammad Jamil Asghar v. Improvement Trust, Rawalpindi P L D 1965 S C 698 and Mehr Dad v. Settle ment and Rehabilitation Commissioner, Lahore Division, Lahore P L D 1974 S C 193 ref.
A I R 1960 S C 610 standing superseded by A I R 1970 S C 1043.
A. A. Fazeel for Petitioner.
Hamid M. Siddiqui for Respondent.
Dates of hearing : 12th, 17th, 18th and 19th December, 1978.
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