| Case ID |
f93965e2-d862-460f-adc1-b95b71901914 |
| Body |
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| Case Number |
Writ Petition No. 22194 of 1996 |
| Decision Date |
Jul 01, 1999 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of the petitioner, declaring that the proceedings taken against Messrs Gulistan Weaving Mills were without lawful authority and illegal. The court emphasized that the notification under which the social security scheme was imposed did not specifically mention the petitioner's Mills, thus rendering the demand for payment of contributions legally ineffective. The court allowed the writ petition, setting aside the impugned orders and notices issued by the authorities, while permitting the respondents to issue a fresh notification in accordance with the law regarding the applicability of the social security scheme. |
| Summary |
The case revolves around the applicability of the Provincial Employees' Social Security Ordinance, 1965 to Messrs Gulistan Weaving Mills. The petitioner challenged the validity of a demand for contributions made by the authorities, arguing that they had not been duly notified under the Ordinance. The court found that the notification did not specifically include the petitioner's Mills, leading to the conclusion that the demand was unauthorized. This case highlights the importance of proper legal notifications in enforcing social security contributions and the rights of businesses under the law. Key terms include 'social security scheme', 'legal authority', and 'notification compliance', which are vital for understanding the legal framework of employment benefits in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Messrs GULISTAN WEAVING MILLS,
THE COMMISSIONER
|
| Judges |
DR. MUNIR AHMAD MUGHAL, J
|
| Lawyers |
Rana Abdul Hameed Talib for Petitioner,
Malik Muhammad Matin Khokhar Asstt. A. G., Punjab for Respondent No. 1,
Zafar Iqbal Khan for Respondents No. 2 to 4
|
| Petitioners |
Messrs GULISTAN WEAVING MILLS
|
| Respondents |
,
THE COMMISSIONER
|
| Citations |
2000 SLD 1714,
2000 PLC 37
|
| Other Citations |
Kashmir Comer v. Sindh Employees' Social Security Institution, Karachi PLD 1975 Kar. 36,
Kohinoor Chemical Co. Ltd. and another v. Sindh Employees' Social Security Institution PLD 1977 SC 197,
P.W.R. Karachi v. Bashir Ahmad PLD 1973 SC 589,
PLD 1960 SC 195,
PLD 1965 SC 412,
Messrs Standard Printing Press v. Sindh Employees' Social Security Institution 1988 SCMR 91,
Sindh Employees' Social Security Institution v. Messrs Cowasjee & Sons 1993 SCMR 1433
|
| Laws Involved |
Provincial Employees' Social Security Ordinance,
Constitution of Pakistan,
Land Revenue Act
|
| Sections |
1(3),
199,
81
|