Case Details

Citation(s)
2002 SLG 2317 2002 SLD 2317 2002 PLD 726
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.2350-L of 2000, decision dated: 15-05-2002
, JAVED IQBAL, JUSTICE AND TANVIR AHMAD KHAN, JUSTICE
M. Saleem Sahgal, Advocate Supreme Court and Tanvir Ahmed Khan, Advocate-on-Record (absent) for Petitioner. Nasim Saber, Additional Advocate-General, Punjab and. M. Mujahid Ahmad, Advocate Supreme Court for
Respondents.

MAPLE LEAF CEMENT FACTORY LIMITED- ER

VS

GOVERNMENT OF THE PUNJAB THROUGH SECRETARY, LABOUR DEPARTMENT, CIVIL SECRETARIAT, Lahore High Court AND others

Law:

Section:

Provincial Employees' Social Security Ordinance (X of 1965)-------S. 1(3)---Constitution of Pakistan (1973), Art.185(3)---Powers of Provincial Government under S.1(3), Provincial Employees' Social Security Ordinance, 1965---Scope---Provincial Government has been empowered to make the provisions of Provincial Employees' Social Security Ordinance, 1965 applicable to any area, classes of persons, industries or establishments from such date as may be deemed tit and proper---No condition or embargo whatsoever -has been imposed upon the Provincial Government for issuance of such notification---No provision exists in the Provincial Employees Social Security Ordinance, 1965 whereby opportunity of hearing is to be afforded to the employer concerned and thus the principle "audi alteram partem" cannot be pressed into service---Prevalent medical facilities would have no substantial bearing on the issue of notification as it is for the employer to take care of employees which does not constitute a bar for making further subscription which is quite meagre in nature and would have little financial impact---Leave to appeal against order of the High Court was refused as there was no illegality or fact of public importance involved. ORDER JAVED IQBAL, J.---This petition for leave to appeal is directed against the order dated 27-6-2000 passed by learned Division Bench of Lahore High Court, Lahore, in Intra-Court Appeal No.361 of 2000 whereby the judgment dated 3-4-2000 passed by learned Single Bench in Chamber of the Lahore High Court dismissing writ petition preferred on behalf of petitioner has been kept intact. 2. Briefly stated the facts of the case are that petitioner is running various factories/units where excellent .medical facilities have been provided' and accordingly there was no justification whatsoever for the notification dated 29-6-1999 by the Government of the Punjab, Labour Department, whereby the provisions of the Provincial Employees' Social Security Ordinance, 1965 (hereinafter referred to as the Ordinance) were made applicable to the petitioners establishment. The said notification was challenged being unlawful, illegal and without jurisdiction by means of…
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