| Case ID |
fa0ffd44-8394-4056-99bb-b15c47d99cc8 |
| Body |
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| Case Number |
Miscellaneous Appeal Nos. 13 and 14 of 1999, 45 of |
| Decision Date |
|
| Hearing Date |
Sep 16, 1999 |
| Decision |
The court allowed the appeals, concluding that the appellants were not required to make contributions for employees whose wages exceeded Rs.1,500 prior to the amendment date of September 25, 1993. It emphasized that contributions are only required for those qualifying as 'employees' under the law. The ruling highlighted the importance of adhering to the definitions and provisions established in the Provincial Employees' Social Security Ordinance, noting that amendments made through the Labour Laws (Amendment) Ordinance, 1993 should be interpreted in line with legislative intent and definitions, ensuring clarity for both employers and employees regarding social security obligations. |
| Summary |
This case revolves around the interpretation of the Provincial Employees' Social Security Ordinance, specifically concerning contributions towards social security by employers. The core issue was whether contributions were payable for employees whose wages had increased beyond Rs.1,500 after a specified date. The court examined the definitions within the Ordinance and the implications of amendments made in 1993, ruling that employers are not liable for contributions on wages exceeding the stipulated limit prior to the amendment date. This decision underscores the importance of legislative clarity and the proper construction of statutory language, reinforcing the protective intent of social security laws for employees while balancing the obligations of employers. Key legal principles of statutory interpretation were also discussed, emphasizing that provisions must be understood in their plain grammatical meaning unless ambiguity necessitates a more liberal interpretation. The case is significant for employers and legal practitioners navigating social security obligations, highlighting the need for compliance with evolving legal standards. |
| Court |
Sindh High Court
|
| Entities Involved |
AGFA GEVAERT PAKISTAN LTD.,
SINDH (PROVINCIAL) EMPLOYEES' SOCIAL SECURITY INSTITUTION
|
| Judges |
SABIHUDDIN AHMED, J
|
| Lawyers |
Abdul Samad,
Munib Ahmad Khan,
Khalid Habibullah
|
| Petitioners |
Messrs AGFA GEVAERT PAKISTAN LTD.
|
| Respondents |
SINDH (PROVINCIAL) EMPLOYEES' SOCIAL SECURITY INSTITUTION
|
| Citations |
2000 SLD 1716,
2000 PLC 62
|
| Other Citations |
PLD 1977 SC 197,
PLD 1978 Kar. 744,
PLD 1988 SC 1
|
| Laws Involved |
Provincial Employees' Social Security Ordinance
|
| Sections |
2(8)(f),
6d,
64
|