Law: West Pakistan Employees Social Security Ordinance, (X of 1965)

Section: 59

Law: Civil Procedure Code (V of 1908)

Section: O. XXXIX, r. 1

(a) West Pakistan Employees' Social Security Ordinance (X of 1965)-S. 59 read with Civil Procedure Code (V of 1908), O. XXXIX, r. 1- Appeal under S. 59 of Ordinance X of 1965-Appellate Court, pending appeal, has power to stay execution of order appealed against.The question was whether a Social Security Court in seizin of an appeal, under section 59 of the West Pakistan Employees' Social Security Ordinance, 1965 has, in the absence of an express provision for the purpose, jurisdiction to stay execution Of order appealed against. It was argued that by that section, it was not the intention to bring the Social Security Court on a par with an ordinary civil Court, so as to make it possible to the former to invoke the provisions of Order XXXIX, rules 1 and 2, C. P. C. nor it can lay claim to any other provision of law to suspend the execution of the order appealed against.Held: A right of appeal where it exists is a matter of substance and not mere procedure. It is not disputed that the Social Security Court, on an appeal brought before it under section 59 can set aside the order appealed against in its entirety or may grant even partial relief depending upon the facts of a particular case. The question therefore, would really be, whether there is any limitation on the power or jurisdiction of the Social Security Court to grant partial redress. This partial redress may be as respects the quantum of liability or may be in point of time, when the liability under order made by the Institution may have to be discharged. In other words, whether when the Social Security Court can reverse the order appealed against in its entirety and thus grant complete redress to the appellant before it, which ordinarily would happen at the final stage in the appeal, the Court will have no power to suspend the operation of the order during the pendency of the appeal, even if the circumstances of the case would eminently justify it?To accept any such proposition, would indeed be to whittle down the substance of the Courts' appellate jurisdiction, which would be scarcely just or reasonable. Strictly speaking, the matter does not fall to be governed by Order XXXIX, rule is C. P. C. The…