| Case ID |
e2d98d70-1bc7-44fb-afff-2e0db9257ec2 |
| Body |
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| Case Number |
Appeal No. 3 of 1975 |
| Decision Date |
Jun 25, 1975 |
| Hearing Date |
|
| Decision |
The Tribunal found that the imposition of an increase in the contribution amounting to Rs. 2,308.71 was made without providing the appellant an opportunity to be heard, violating the principle of natural justice. It concluded that the order was illegal and accepted the appeal, setting aside the impugned order while waiving the claims against the appellant regarding the increase. The case highlights the importance of due process and the right to be heard in administrative decisions, reinforcing the necessity for transparency and fairness in the imposition of financial penalties. |
| Summary |
This case revolves around the principles of natural justice as applied in the context of the West Pakistan Employees' Social Security Ordinance, 1965. The Labour Appellate Tribunal addressed the legality of an increase imposed on the Lahore Chemical and Pharmaceutical Works by the Social Security Institution without prior notice or the opportunity to contest the imposition. The decision emphasized the principle of 'audi alteram partem', asserting that no individual should be condemned unheard. The Tribunal's ruling underscores the significance of ensuring that all parties are given a fair chance to present their case before any penalties are enforced, thereby upholding the tenets of fairness in legal proceedings. The case references previous judgments reinforcing these principles, affirming that administrative actions must adhere to the rules of natural justice. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Punjab Employees' Social Security Institution,
Lahore Chemical and Pharmaceutical Works,
Social Security Institution
|
| Judges |
Malik Lehrasap Khan
|
| Lawyers |
Malik Bashir Ahmad,
Riaz Anwar
|
| Petitioners |
Lahore Chemical and Pharmaceutical Works
|
| Respondents |
Social Security Institution, Lahore
|
| Citations |
1977 SLD 1634,
1977 PLC 321
|
| Other Citations |
Adamjee Cotton Mills, Karachi v. Sind Employees' Social Security Institution 1974 P L C 213,
University of Dacca v. Zakir Ahmad P L D 1965 S C 90
|
| Laws Involved |
West Pakistan Employees' Social Security Ordinance, 1965
|
| Sections |
23,
59
|