Law:

Section:

(a) West Pakistan Employees Social Security Ordinance (X of 1965)-­ -- Ss. 1(3), 20, 31 & 32-Social security, payment of-Contention that entire undertaking having been transferred to appellant-Corporation under S. 31 thus original establishment or undertaking disappeared and partnership firm stands dissolved as such notification under S. 1(3) lapsed resulting in Social Security contribution being no longer payable, held, had no force-Liability to pay contribution once arising under S. 20, held, does not cease by mere change of ownership. Kohinoor Chemical Co. Ltd. v. Sind Employees' Social Security Institution PLD 1977SC 197 ref. (b) West Pakistan Employees' Social Security Ordinance (X of 1965)- ---S. 1(3)-Social Security contribution, entitlement to benefits of­ Establishment though transferred yet continuing to exist as organiza­tion-Employees working in or in connection with work of such establishment, whether physically located in notified premises or not, held, must be regarded as secured workers entitled to specific benefits under Ordinance. The question in the present appeal is not whether any particular employee or a group of employees is entitled to the benefits provided by the West Pakistan Employees' Social Security Ordinance but whether the appellant-Corporation has ceased to be liable to the statutory obligations under section 20 of the Ordinance on account of the transfer ownership or Management of the respective establishments. As long as the establishment, business or industry exists as an organization to which the provisions of the Ordinance were extended by the notification under section 1(3), the employer for the time being would be subject to the statutory obligations. In this view of the matter the appellant-Corporation is clearly liable to contribute to the Social Security fund as the provisions of the Act continue to apply to it in respect of the establishment. (c) West Pakistan Employees' Social Security Ordinance (X of 1965)- -- Ss. 1(3), 20 & 22-Contention that Management of a managed establishment being transferred to Corporation, every employee of such establishment becomes employee of corporation, cease to be employee of…

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