IN THE SUPREME COURT OF PAKISTAN 
 
   (Original Jurisdiction) 
 
 
 
 
 
Present 
 
 
 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ.  
 
 
 
Mr. Justice Ghulam Rabbani 
 
 
 
 
 
Constitution Petition No.06 of 2011 
 
 
Syed Mubashir Razi Jaffri & another 
…Petitioners 
Versus 
EOBI & others  
…Respondents 
 
 
For the Petitioners: 
 
: 
Mr. Rasheed A. Razvi, Sr. ASC 
 
Respondents:  
 
: 
N.R. 
 
Date of hearing 
 
: 
25.3.2011 
 
 
 
 
 
O R D E R 
 
 
 
Iftikhar Muhammad Chaudhry, CJ.—  Learned counsel contended that 
respondent 
EOBI 
(Employees 
OLD-Age 
Benefit 
Institution) 
an 
institution/organization is responsible to receive in shape of contribution from huge 
number of insured persons and others under the EOB Act, 1976 and to disburse the 
amount to legitimate beneficiaries of the EOBI Pension Scheme under which more 
than 3.7 million insured persons/workers are registered. He stated that currently more 
than 4,00,000.00 pensioners are being paid monthly pension in various categories, 
therefore, being custodian of the funds on behalf of the workers/labourers, the 
organization is required to conduct its business in a highly transparent manner 
instead of wasting the funds on whimsical and subjective considerations. However, 
according to him presently massive corruption has been noticed by the petitioners of 
whom one is the member of the Trade Union whereas the other is employee over 
there. To substantiate his statement, he pointed out that in pursuance of the 
publication, which appeared in daily ‘Jang’ dated 16th April, 2009, 132 vacancies 
were announced and applications for the same were called for upto 15th May, 2009, 
in response whereof applications in thousands were received and later call letters for 
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2 
interview were issued to the candidates alongwith schedule. According to learned 
counsel the said posts were to be filled in by means of open competition in a 
transparent manner but surprisingly instead of making recruitments/appointments on 
merit from amongst the candidates who were issued call letters, consolidated lists 
were prepared on 16th May, 2010 by Dr. Jummani, PS to the Minister for Labours 
and Manpower and Imtiaz Ahmad who is D.G. F & A, according to which all these 
vacancies were filled on the recommendations of high ups/influential persons, names 
of which have been mentioned in the lists. For convenience sake, extracts from the 
lists are reproduced hereinbelow: 
 
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2. 
 
Learned counsel further pointed out that the appointments were made 
in such an unwarranted manner that appointees were directed to submit their 
documents after their appointments were made. He referred to a copy of such letter 
reproduced hereinbelow to show that perhaps at the time of their appointment no 
document i.e. educational testimonial etc. was taken into consideration and 
appointments took place against the posts simply on the recommendations of the 
functionaries as is evident from the above lists. 
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3. 
Learned counsel stated that a good number of people were also appointed on 
deputation/contract basis and subsequently without following rules and regulations 
they were regularized. 
4. 
Similarly, learned counsel stated that the investment has been made by the 
EOBI in the institutions, which are not much profitable and the institutions giving 
better credit have been intentionally avoided. According to the learned counsel 
affairs of EOBI are not being run in a transparent manner inasmuch as responsible 
functionaries have started indulging in businesses, which are not considered  assured 
profitable like the real estate, stock exchange etc. with the result that huge losses to 
public money have been caused.  
 
5. 
After having heard the learned counsel and having gone through the relevant 
record so placed before us, we consider that his case requires to be examined in 
terms of Article 184(3) of the Constitution as it seems that fundamental rights of 
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24 
huge number of workers and insured persons as per Articles 9, 14 and 25 of the 
Constitution have been violated. Therefore, we direct that notices be issued to the 
respondents as well as to the persons, whose appointments have been questioned 
being non-transparent to provide opportunity of hearing to all of them. However, 
notices are required to be issued to them through President Board of Governors, 
EOBI/ Secretary Labour and Manpower with directions to effect service upon all of 
them wherever they are posted and submit compliance report prior to the next date of 
hearing. Similarly the President of Board/Secretary Labour is directed to submit 
complete record of the above persons as well as the persons who have been 
appointed on deputation/contract basis for the last three years and as to whether they 
have been regularized or not?  He is also directed to place on record as to whether 
the investment is being made in the profit bearing schemes or otherwise as alleged 
by the learned counsel.  
5. 
Let the matter be adjourned to a date in office after three weeks.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Chief Justice 
 
 
 
 
 
 
 
 
 
  Judge  
 
Islamabad, the 
25th March, 2011 
Nisar/* 
 
 
