Law: West Pakistan Employees Social Security Ordinance, (X of 1965)

Section: 20

West Pakistan Employees' Social Security Ordinance (X of 1965)-----S. 20-Contribution by notified establishment after change of composition or name--Change of name and addition of partner, held, do not exclude application of Social Security Ordinance to notified establishment. Kohinoor Chemical Co. Ltd. and another v. Sind Employees' Social Security Institution and another P L D 1977 S C 197 rel.JUDGMENT The appellants have filed appeal under section 64 of the West Pakistan Employees' Social Security Ordinance, 1965 (Ordinance No. X of 1965) (hereinafter referred to as the Ordinance), against the judgment of the Sind Social Security Court No. 1 dated 17th December, 1977. The facts briefly stated are as under:- 2. The Ordinance was made applicable to the establishment known as "Muhammadi Tiles and Concrete Works". However, at the time the aforesaid firm had two partners, namely, Muhammad Abbas and Abdur Rasool. The establishment stopped paying contributions from November, 1974 stating that they had closed their firm. It is admitted position that the aforesaid two partners took Mst. Marzia J. Ali as a third partner and re�started the business in the name of Al-Mohammadi Tiles Industry. 3. The appellants asked the respondents to continue paying the contributions but they refused to do so and filed an appeal in the Social Security Court No. 1, at Karachi (Appeal No. 12/1976). The aforesaid Court held that .no contribution was payable and the order has been challenged in the instant appeal. 4. It is the contention of the appellants that by the change of name and even the change -in constitution of the partnership by addition of a new partner the establishment cannot be taken away from the purview of the Ordinance. It has been mentioned in the memo of appeal that there is no judgment of any High Court on the point in issue which relates to interpretation of the words "employer" and "establishment". It has been argued by Mr. S. A. Sarwana, the learned counsel for the appellants that the essential object to be kept in view in attempting to interpret the Ordinance is that it is a beneficial or remedial legislation for ameliorating the lot of…

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