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Civil Petitions Nos. 184‑K, 185‑K to 192‑K, 187‑K, 200‑K and 233‑K to 240‑K of 1986, decided on 13th August, 1946.
(On appeal from the judgment and order of the High Court of Sind, dated 6‑2‑1986 passed in Constitutional Petitions Nos. SUK‑S‑68 and S‑69 of 1984; 128, 72, 70, 184, 206, 38, 113 of 1985; S‑71, SUK‑S‑135, 205, 40, 183, 132, 136, 2/85 and 107 of 1984, respectively).
‑‑‑Art. 185(3)‑‑Employees' Cost of Living (Relief) Act, 1973 (1 of 1974), S.2(b)‑‑Interpretation of word 'employee'‑‑Dissenting view expressed on interpretation of word 'employee' by another‑learned Judge of High Court‑‑Leave to appeal granted to have an authoritative pronouncement by Supreme Court.
Government of Sind v . The Executive Engineer Constitutional Petition No. S‑62 of 1983 ref.
Ali Amjad, Advocate Supreme, Court instructed by Ahmedullah Faruqui, Advocate‑on‑Record for Petitioners (in all petitions).
Nemo for Respondents.
Date of hearing: 13th August, 1986.
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.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.
The appeals shall be heard on the present record.
M.I. Leave granted.
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