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ALPHA INSURANCE CO LT versus EMPLOYEES UNION


Article 199? Writing? Interpreting the Constitution? The difference between unsuitable construction and buildable construction by a judicial or sub judicial authority? Will the court interfere with the construction of the building but not with constructive construction? [Interpreting the constitution]

P L D 1979 Karachi 47

Before Fakhruddin G. Ebrahim and Ajmal Mian, JJ

ALPHA INSURANCE Co. LTD.‑Petitioner

versus

EMPLOYEES' UNION AND ANOTHER‑Respondents

Constitutional Petition No. D‑271 of 1977, decided on 26th September 1978.

(a) Employees Cost of Living (Relief) (Amendment) Act (XLVII of 1974)‑

‑‑ S. 8, Explanation‑Relief due to rise in cost of living‑Increase in conveyance allowance and medical allowance and payment of house rent‑Held, not prima facie payments specifically made to provide relief due to rise in cost of living.‑[Industrial dispute].

Security Papers Employees' Union v. 4th Sind Labour Court and another P L D 1976 Kar. 288 distinguished.

Employees' Welfare Union v. R. B. Industries Ltd. P L D 1976 Kar. 297 fol.

(b) Constitution of Pakistan (1973)‑

‑‑ Art. 199‑Writ‑Interpretation of statutes‑Distinction between untenable construction and plausible construction placed by subordinate judicial or quasi judicial authority‑Court will interfere in case of untenable construction but not with plausible construction.‑

[Interpretation of statutes].

Karachi Electric Supply Corporation Ltd. v. Karachi Electric Supply Corporation Ltd. Labour Union P L D 1967 S C 516 fol.

S. A. Shamsi and A. A. Fazeel for Petitioner.

Wazir H. Rizvi for Respondent No. 1.

Dates of hearing : 13th and 17th September 1978.

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