Case Details

Citation(s)
1977 SLG 1554 1977 SLD 1554 1977 PLC 145
Sindh High Court
Revision Application No. 162 of 1972, decided on 20th November 1972.
Z. A. CHANNA, J

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SUNSHINE DIARIES LTD.

VS

COMMISSIONER. SIND EMPLOYEES SOCIAL SECURITY INSTITUTION AND OTHERS

Law:

Section:

West Pakistan Employees' Social Security Ordinance (X of 1965) --- Ss. 20, 57, 61 & 74-Contribution payable by employer-Civil Court, jurisdiction of-Ordinance not only makes employers liable to pay contribution under S. 22 but also provides special forum for determination of questions relating to payment of contribution and other matters referred to in S. 57-Social Security Court, in circum­stances, alone, held, given jurisdiction in such matters and jurisdic­tion of civil Courts excluded by necessary implication-Fact that jurisdiction of civil Courts in respect of contributions has not been specifically barred as in respect of claims for employment injury under S. 74 of no avail-Creation of special forum alone bars jurisdiction of civil Courts-Civil Procedure Code (V of 1908), S. 9. Muhammad Ibrahim and others v. Fateh Muhammad Liquidator, Ghausla Multipurposes Co-operative Society Ltd. P L D 1960 Lah. 1106 distinguished. Wolverthampton New Water Works Co. v. Hawkesford (1859) 6 C B (N S) 336 and Masud Bart and others v. Abdul Aziz P L D 1967 Kar. 55 eel. S. M. A. Mahmood for Petitioner. S. A. Sarwana, Asstt. A.G. for the State JUDGMENT This Revision Petition is directed against the order of the First Addl. District Judge, Karachi, whereby he dismissed the appeal of the applicants and upheld the order of VII Civil Judge, First Class, Karachi, rejecting under Order VII, rule 11, C. P. C. the plaint filed by the applicants on the ground that the civil Courts have no jurisdiction in the matter. 2. The applicants are a company, incorporated under the Companies Act, having their Head Office in Karachi and their plant at Dumlotte. Respondent No.1 levied contribution on the applicants under the provisions of the West Pakistan Employees' Social Security Ordinance, 1965 (hereinafter referred to as the Ordinance). The applicants resisted the demand on the ground that they were not liable to pay the contribution and, accordingly, it was sought to be recovered from them as arrears of land revenue and a warrant of attachment was issued against them. The applicants thereupon filed a plaint in the civil Court challenging the right of respondent No.1 to levy the…
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