Retired employees of Karachi Port Trust seeking inclusion of cost of living allowance in pensionable emoluments

Citation Name : 2019 PLC(CS) 1258 KARACHI-HIGH-COURT-SINDH
Side Appellant : MUHAMMAD AFZAL KOUSAR
Side Opponent : FEDERATION OF PAKISTAN through Secretary Ministry of Ports and Shipping
Preamble---Karachi Port Trust Act (VI of 1886), S. 22---Constitution of Pakistan, Art. 199---Constitutional petition against Karachi Port Trust---Maintainability---Karachi Port Trust Officers Recruitment, Appointment, seniority and Promotion Regulations, 2011 were statutory rules of service---Aggrieved person could invoke constitutional jurisdiction of High Court against a Port Authority---Karachi Port Trust was "person" in terms of Art. 199(5) of the Constitution---Constitutional petition was maintainable against Karachi Port Trust, in circumstances.

Citation Name : 2019 PLC(CS) 1231 KARACHI-HIGH-COURT-SINDH
Side Appellant : LAL BADSHAH
Side Opponent : CHAIRMAN KARACHI PORT TRUST KARACHI
Preamble---Karachi Port Trust Act (VI of 1886), S.22---Minimum Wages for Unskilled Workers (Amendment) Act (VII of 2016), S.2(g)---Constitution of Pakistan, Art. 25---Office Memorandum No.13(10) Reg.6/2008/413 dated 16-05-2011---Retired employees of Karachi Port Trust seeking inclusion of cost of living allowance in pensionable emoluments---Minimum wages---Karachi Port Trust being a public sector statutory entity was a person performing functions in connection with the affairs of the Federation---Karachi Port Trust Officers Recruitment, Appointment, seniority and Promotion Regulations, 2011 were statutory rules of service---Petitioners were seeking inclusion of cost of living allowance in their pensionable emoluments---Only remedy available to the petitioners was under Art.199 of the Constitution---Constitutional petition against Karachi Port Trust was maintainable, in circumstances---Variable dearness allowance was part and parcel of wages---Once rates of minimum wages had been prescribed whether as all inclusive or by combining basic plus dearness allowance then same were not amenable to split up---Competent authority was not required to bifurcate each component of the costs of each item taken into consideration for fixing minimum wages---Dearness allowance was part and parcel of cost of necessities of life---Minimum rate of wages was linked with variable dearness allowance---Office Memorandum No.13 (10)Reg. 6/2008/413 dated 16-05-2011 being a beneficial instrument was equally applicable to the retired employees of Karachi Port Trust---Denying increase of pension by inclusion of cost of living allowance to the pensioners who had retired from a particular date and giving the same to the other class of employees was discriminatory and violative of Art.25 of the Constitution---Impugned action of Authority could not be approved on any premises whatsoever---Matter was remanded to the competent authority for fresh decision in accordance with law within a specified period---Constitutional petition was allowed, accordingly.