Law:

Section:

West Pakistan Employees' Social Security Ordinance (X of 1965)- ---Ss. 23 & 59-Audi alteram partem-Principle of natural justice ­No one should be condemned unheard-Imposition of increase-Notice to party and opportunity to explain non-deposit of contribution­ Principle of natural justice not expressly excluded from provision of S. 23-Affected party must be afforded opportunity of show-cause before imposition of increase-Order regarding imposition of increase without notice and show cause opportunity, held, illegal. Adamjee Cotton Mills, Karachi v. Sind Employees' Social Security Institution 1974 P L C 213 and University of Dacca v. Zakir Ahmad P L D 1965 S C 90 rel. Malik Bashir Ahmad for Appellant. Riaz Anwar for Respondent. JUDGMENT The Punjab Employees' Social Security Institution, vide its communica­tion No. S. S. L. E, Cont/76/24185, dated 16th September 1974 informed the appellant viz. Messrs Lahore Chemical and Pharmaceutical Works Ferozepur Road, Lahore that since as a result of visit of their premises by the Social Security Officer, it had transpired that they have not been paying the social security contribution in conveyance allowance paid to their workers, they were required to pay the amounts worked out as follows: Rs. (1) Conveyance Allowance paid to Workers from December 1972 to June 1974. 23160.90 (2) Paid to temporary staff firm March, 1971 to June 1974, 53,796.36 Total 76,957.26 (3) 6 % Contribution. 4,617.42 (4) 50 % Increase. 2,308.71 Total 6,926,13 2. The appellant by way of a complaint under section 57 of the West Pakistan Employees Social Security Ordinance, 1965 challenged the imposition of increase. The complaint was heard by the learned Commissioner, Punjab Employees' Social Security Institution, Lahore who,-vide his order dated 2nd April 1975 disallowed the appellant's claim and directed that the appellant shall have to deposit Rs. 6,926.13 as indicated above. 3. The present appeal under section 59 of the West Pakistan Employees' Social Security Ordinance, 1965 has filed against the aforesaid order dated 2nd April 1975 of the learned Commissioner, Punjab Employees' Social Security Institution Lahore. The validity of the imposition…

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