Please refer to the subject noted above and find enclosed herewith the judgment passed by Hon’ble Lahore High Court at Rawalpindi in Writ Petition No. 1347/2000 titled as M/s Asia Foundation V/s EOBI where in petitioners claimed exemption from ambit of EOBI under provisions of EOB Act 1976.

1. Brief facts of the case are that the appellants claimed exemption from registration of the Act of 1976 on the ground that it was an American non Governmental Organization (NGO) and non profit organization whose purpose is to contribute to the economic, educational, social and cultural development of countries in the Asia Pacific Region by providing grants and other assistance without remuneration, hence, it was not ‘establishment’ as defined under section 2 (e) of EOB Act, 1976.     

2. The Institution rejected the plea under section 33 and 35 of EOB Act, 1976, holding that the appellant NGO had rightly been treated as an establishment as defined in section 2(e) of EOB Act, 1976, hence, provisions of EOB Act, 1976 had rightly been applied.

3. The Hon’ble Lahore High Court at Rawalpindi up held the decisions of Board of Trustees by placing reliance on the following case law:

• St. Jude’s Secondary School and others V/s Employees’ Old-Age Benefits Institution and others. (1988 PLC 746) 

• Saint Peter High School, Gujranwala V/s Assistant Director,  EOBI Gujranwala

           (1990 PLC    244)

• Lahore Race Club V/s Deputy Director EOBI and others. (1995 PLC 494) 

• Anjuman Faizul Islam V/s Pakistan etc. (NLR 1980 Lahore Labour 4)                                  

The relevant/extract from the Judgment is below:

 “ The above survey of the case law lead me to a conclusion that the petitioner organization is fully covered by definition of establishment under section 2 (e) of the EOB Act, 1976. The orders of the forums below are in accordance with the purview of Act and call for no interference. The Writ petition is accordingly dismissed”.

This is for further compliance accordingly.

 

  

                                                                                                      (Mohammad Shafi Malik)

       Chairman

 

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