Case Details

Citation(s)
1977 SLG 252 1977 SLD 252 1977 PLD 177
Supreme Court of Pakistan

MUHAMMAD YAQUB ALI, C.J., ANWARUL HAQ, MUHAMMAD GUL, MUHAMMAD AKRAM AND .MUHAMMAD HALEEM, JJ

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Civil Appeal No. K-20 of 1976 SIND EMPLOYEES SOCIAL SECURITY INSTITUTION AND another

VS

DAWOOD COTTON MILLS LTD. AND Civil Appeal No. K-21 of 1976 SIND EMPLOYEES SOCIAL SECURITY INSTITUTION AND another vs ADAMJEE COTTON MILLS LTD.

Law:

Section:

(a) West Pakistan Employees Social Security Ordinance (X of 1966)-S. 20-Demand made by Social Security Institution-Cannot be struck down on ground of prior hearing not being given to employers. The Collector, Sahiwal v. Muhammad Akhtar 1971 S C M R 681 and Attar Muhammad Qureshi v. The Settlement Commissioner P L D 1971 S C 6t. ref. University of Dacca v. Zakir Ahmed P L D 1965 S C 90 not relevant (b) West Pakistan Employees' Social Security Ordinance (X of 1965) S. 2(30)-Words and phrases-Wages-Meaning-Rendering of service, or at least availability of employee at disposal of employer for service-Essential requirement or pre-requisite for payment of wages Definition of word "wages" in Ordinance by including payments made by employer in respect of any period of illegal lock out or legislative-Gives effect to principle that during such periods employee must be deemed to be available for service with employer-Specific inclusion, in definition, of payments made for any period of authorised leave-Accords statutory status to such payment as if such were included in every contract of service-Definition, however, cannot be extended to include every payment made by employer to employee.-[Words and phrases]. According to clause (30) of section 2 of the West Pakistan Social Security Ordinance the term 'wages' means "remuneration for service paid or payable in cash or in kind to a secured person, not being less than remuneration based on the minimum rates of wages declared under the Minimum Wages Ordinance, 1961 (XXXIX of 1961), without taking account of deductions for any purpose, under a contract of service or apprenticeship, expressed or implied, and shall be deemed to include any dearness allowance or other, addition in respect of the cost of living and any payment by the employer to a. secured person in respect of any period of authorised leave, illegal lock-out or legal strike." The definition then excludes certain items of payment, which are not directly concerned in the present case. This definition: accords with the dictionary meaning of the term 'wages' which is. construed as the amount paid periodically, specially by the day or week, or month, for time during…
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