| Case ID |
374c025f-b27a-43fb-a891-923f68413031 |
| Body |
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| Case Number |
Writ Petition No. 23545 of 2015 |
| Decision Date |
Oct 05, 2015 |
| Hearing Date |
Oct 05, 2015 |
| Decision |
The Lahore High Court ruled in favor of the Petitioner, Izhaz Construction (Private) Ltd., allowing the petition and setting aside the impugned letters issued by the Respondent, Punjab Employees Social Security Institution (PESSI). The Court clarified that contributions under the Provincial Employees Social Security Ordinance must be centralized and paid to the local office where the employer is registered, rather than at local offices where construction projects are conducted. The Court emphasized that the secured persons are entitled to their benefits irrespective of where the contributions are made, underscoring the obligation of PESSI to provide benefits from the centralized fund established under the Ordinance. The decision highlighted the importance of adhering to the specific provisions of the law, ensuring that the rights of secured persons are protected even in cases of employer contribution defaults. |
| Summary |
In this case, the Lahore High Court examined the obligations of Izhaz Construction (Private) Ltd. regarding contributions under the Provincial Employees Social Security Ordinance. The company was directed to deposit contributions at local offices where construction projects were executed, contrary to the provisions of the Ordinance. The Court determined that contributions must be centralized at the local office where the employer is registered. This ruling ensures that secured persons receive their entitled benefits from the fund, regardless of the location of the projects. The judgment reinforces the legal framework governing social security contributions and the rights of employees, promoting compliance and proper administration of benefits. Keywords such as 'Provincial Employees Social Security', 'construction law', 'legal compliance', and 'employee benefits' are crucial for understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
GOVERNMENT OF PUNJAB,
Punjab Employees Social Security Institution,
IZHAR CONSTRUCTION (PRIVATE) LTD.
|
| Judges |
AYESHA A. MALIK, J
|
| Lawyers |
Barrister Rafey Altaf for Petitioner,
Muhammad Nauman Aslam for Respondents Nos.2 to 6 along with Ayyaz Ahmad Farooqi, Deputy Director Legal
|
| Petitioners |
IZHAR CONSTRUCTION (PRIVATE) LTD.
|
| Respondents |
GOVERNMENT OF PUNJAB through Secretary and 6 others
|
| Citations |
2016 SLD 661 = 2016 PLC 44
|
| Other Citations |
Not available
|
| Laws Involved |
Provincial Employees Social Security Ordinance (X of 1965),
Provincial Employees Social Security (Contribution) Rules, 1968
|
| Sections |
20,
23,
24,
28,
46,
5
|