| Citation(s) |
|---|
| 1990 SLD 450 = 1990 MLD 235 |
Lahore High Court
First Appeal from Order No. 17 of 1988, heard on 28th May, 1989.
Presented By: Before Muhammad Qayyum, J
Sahibzada Riaz Anwar for Appellant. Iftikhar Ahmad Dar for
Respondent.
First Appeal from Order No. 17 of 1988, heard on 28th May, 1989.
Presented By: Before Muhammad Qayyum, J
Sahibzada Riaz Anwar for Appellant. Iftikhar Ahmad Dar for
Respondent.
Messrs KWONG FAH CHINESE RESTAURANT--Appellant
VERSUS
PUNJAB EMPLOYEES' SOCIAL SECURITY INSTITUTION--Respondent
Law: West Pakistan Employees Social Security Ordinance, (X of 1965)
Section: 1(3)
West Pakistan Employees' Social Security Ordinance (X of 1965)-- ---S.1(3)- -Applicability of Ordinance---Essentials---Issuance of a notification is a condition precedent to the applicability of Ordinance and the same authorises the Government to specify by notification establishments, industries, areas or classes of persons to whom, provisions of Ordinance are to apply---Provision of, S. 1 of the Ordinance provides for continuance of operation of the Ordinance to those establishments to which it was already applicable including those working under any other name in the same premises---Ordinance does not, by-its own force, apply to any establishment or industry but its applicability is dependent upon the issuance of a notification by the Provincial Government. West Pakistan Employees' Social Security Ordinance (X of 1965)-- ---S. 2(11)---Words "establishment" and "organisation"---Meaning and scope--"Establishment" has been defined as .an organisation whether industrial, commercial, agricultural or otherwise---"Organisation" would connote, a corporation, Government or Governmental Sub-Division or agency, business, trust, estate partnership or association of two or of more persons having a joint or common interest or any other legal or commercial entity.--[Words and phrases]. Ballentine's Law Dictionary Third Edition and Black's Law Dictionary Fifth Edition rel. West Pakistan Employees' Social Security Ordinance (X of 1965)-- ---S. 1 (3)---Notification issued under Ordinance---Applicability---Notification issued under the provisions of the Ordinance continues to apply to an establishment, so long as the organisation i.e., the entity remains the same notwithstanding any change in its nomenclature or business---Where, however, the organisation itself undergoes a change and becomes different in character or composition it would not fall within the purview of the Notification even though it might be carrying on the same business in the same premises. West Pakistan Employees' Social Security Ordinance (X of 1965)- ---S.64---Appeal---Social Security Court's finding that Ordinance X of 1965 was…