Law:

Section:

(a) Punjab Office of the Ombudsman Act (X of 1997)--- ----Ss. 3 & 9---Ombudsman---Cognizance, taking of---Scope---Punjab Ombudsman may take cognizance of any matter and undertake any investigation into any allegation of maladministration on the part of any agency or its officers or employees. [Para.20 of the ] (b) Provincial Employees Social Security Ordinance (X of 1965)--- ----Ss. 57 & 59 Punjab Office of the Ombudsman Act (X of 1997), Ss.3 & 9---Constitution of Pakistan, Art.199---Constitutional petition---Alternate remedy---Ombudsman, jurisdiction of---Social Security Institution was responsible for collecting social security contributions from industrial and commercial establishments on behalf of the workers---Establishment was aggrieved of the demand notice issued by the Institution and assailed the same before Provincial Ombudsman who set aside the demand notice---Validity---If recommendations/ decisions of Ombudsman were correct on merit and in accordance with law, the same were liable to be implemented even by invoking jurisdiction of High Court under its Constitutional jurisdiction but the same could be deferred on the ground that appropriate remedy had been skipped, which the establishment had done---Provincial Ombudsman had no jurisdiction to take up and investigate the complaint as it pertained to determination of contribution for which alternate remedy was available to establishment under S.57 of Provincial Employees' Social Security Ordinance, 1965---Entire exercise by establishment to bypass statutory remedy under S.57 of Provincial Employees' Social Security Ordinance, 1965, and orders passed by Ombudsman were without jurisdiction and against Fundamental Rights guaranteed under the Constitution---Institution could not be compelled to implement order passed by Ombudsman as the same were without jurisdiction and were set aside---Constitutional petition was allowed in circumstances. Nestle Milkpak Limited v. Judge, Social Security Court, Lahore and 2 others 2016 PLC 261; Mayfair Spinning Mills Limited v. Punjab Employees Social Security Institution 2002 PLC (C.S.) 1146; Chakwal Textiles Mills Limited, Rawalpindi Road Chakwal and…