Law:

Section:

Keywords: Result: YAHYA AFRIDI. J:- M/S Abasyn University, through its Vice Chancellor, the petitioner, seeks the Constitutional jurisdiction of this Court praying for; "It is, therefore, respectfully prayed that by accepting this writ petition, the impugned notices dated 21.10.2011 and 1.11.2011 firstly may be declared illegal, without lawful authority and secondly a writ of mandamus may also be issued to the respondents to return Rs.1,92,000/- illegally received from the petitioner with interest prevailing in market." 2. In essence, the present case revolves around the petitioner, stated to be a statutory body, established through Abasyn University Act, 2009 ("Act of 2009") having challenged the demand for contribution vide notices dated 21.10.2011 and 01.11.2011 for the period commencing from January 2008 till September 2011 made by Employees Old Age Benefit Institution ("Institution") under Employees Old Age Benefit Act, 1976 ("EOAB Act"). 3. The respondents were put to notice. They submitted their comments, wherein they have raised preliminary objections that the petitioner has an alternative remedy of challenging the impugned notices before the Institution under sections 33, 34 and 35 of the EOAB Act. 4. On merits, the respondents-Institution contended that the petitioner-University comes within the purview of an 'establishment', as defined in the EOAB Act, and was thus, served with the demand notices for the contributions due from January 2008 to September, 2011; that the petitioner-University did not fall within the purview of statutory body, as provided under section 47 (f) of the EOAB Act, as Mr. Muhammad Imranullah Khan, the Chancellor of the petitioner-University was also the Chief Executive of M/S Abasyn System of Education (Pvt) Ltd ("Company"), that owns and control all the assets of the petitioner-University and was being run on profit basis, hence a case for payment of contribution was made out. In fact, the respondent-Institution was seeking from this Court to pierce the veil of incorporation of the petitioner-University and the Company, and to see that, the will and mind behind the legal façade created by establishing the Company and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492