Case Details

Citation(s)
1978 SLG 985 1978 SLD 985 1978 PLC 119
Sindh High Court
M. A. No. 59 of 1976, decided on 4th July 1977.
S. A. NUSRAT, J

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SIND EMPLOYEES SOCIAL SECURITY INSTITUTION, KARACHI

VS

MUHAMMAD HUSSAIN AND ANOTHER

Law:

Section:

(a) West Pakistan Employees' Social Security Ordinance (X of 1965)----- -----­S. 64-Object and scope of Ordinance-Appeal, limitation as to scope of Looking to the provisions of the West Pakistan Employees Social Security Ordinance. 1965, it is clear that its object is to introduce a scheme of social security for providing benefit to certain employees or their dependents in the event of certain calamities. The provision In section 64, therefore, limiting the scope of appeal before the High Court, is undoubtedly beneficial because the purpose of the Ordinance is to provide succour and relief to the suffering and disabled workmen who may be rendered incapacitated during the course of their employment and the Legislature, therefore, deemed it necessary to secure expeditious and inexpensive relief for such destitute workmen. (b) West Pakistan Employees' Social Security Ordinance (X of 1965)---- ----S. 64-Words "substantial question of law" in S. 64-To be given restricted interpretation in order to advance purpose of enactment Litigant entitled to approach High Court in appeal only upon fulfilment of condition laid down in S. 64. (c) West Pakistan Employees' Social Security Ordinance (X of 1965) -- S. 64-Words "substantial question of law"-Test to determine what "substantial question of law" would mean in a given case. The test for the determination as to what a substantial question of law in a given case would mean may be laid down as follows: (1) That the question off fact should not be wholly independent of any question of law; (2) There should be some doubt or difference of opinion on a question of law; (3) A question ref law does not mean a question of general importance and means a substantional of law as between the parties in the case involved; and (4) Whether the question is of general public importance, and whether it directly and substantially affects the rights of the parties, and if so whether it is either are open question in the sense that it is not finally settled by the Supreme Court car by the Privy Council or is not fee from difficulty or calls for discussion .5n alternative views. Abu Bakar Abdul Rahman & Co. v. Narayan A I R 1933 Nag. 272;…
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