Case Details

Citation(s)
2016 SLG 661 2016 SLD 661 2016 PLC 44
Lahore High Court
Writ Petition No. 23545 of 2015, heard on 5th October, 2015. Date of hearing: 5th October, 2015.
AYESHA A. MALIK, J
Barrister Rafey Altaf for Petitioner. Muhammad Nauman Aslam for
Respondents Nos.2 to 6 along with Ayyaz Ahmad Farooqi, Deputy Director Legal.

IZHAR CONSTRUCTION (PRIVATE) LTD. through General Manager

VS

GOVERNMENT OF PUNJAB through Secretary and 6 others

Law: Provincial Employees Social Security Ordinance (X of 1965)

Section: 20,23,24,28,46

Law: Provincial Employees Social Security (Contribution) Rules, 1968

Section: 5

Provincial Employees' Social Security Ordinance (X of 1965)--- ----Ss. 20, 23, 24, 28 & 46----Provincial Employees' Social Security (Contribution) Rules, 1966, R. 5---Provincial Employees' Social Security (Employers' Returns and Records) Regulations, 1967, Regln.3---Employees' social security fund---Amount and payment of contributions---Increase of unpaid and recovery of contributions etc. as arrears of land revenue---Safeguards to secured person's right in default of contributions by employer---Manner of providing medical care---'Local office' for deposit of contributions---Determination---Respondent-Institution, by way of letter, required petitioner to deposit contributions at its "local office" in its locality, where he carried on his projects of construction work---Question in the present case was as to whether petitioner was to make contributions in local area where he carried on his project or at local office where he was registered---Petitioner contended that he carried on construction work in various parts of the Province---Effect---Impugned letters had clarified that all establishments would pay contributions in respect of their existing and ongoing projects at Sub-Office concerned within territorial jurisdiction, where such works, projects or activities were being carried out---Said letters further provided that the concerned office and such establishment were required to get their employees registered with concerned Directorate or Sub-Office, so that their employees could be benefitted from nearby Directorate as their entitlement under the rules---Section 24 of Provincial Employees' Social Security Ordinance, 1965 provided that, in event of default in payment of contributions towards secured person by employer, the secured person was entitled to all benefits as if the default had not occurred---Secured person would be entitled to the benefits provided under Chapter V of Provincial Employees' Social Security Ordinance, 1965 and amounts, liable to be collected from employer, could be collected in terms of S.23 of Provincial Employees' Social Security Ordinance, 1965 as arrears of land revenue---Respondent-Institution, therefore, could not deny…
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