| Citation(s) |
|---|
| 1984 SLG 1825 1984 SLD 1825 1984 PLC 1323 |
Sindh High Court
Miscellaneous Application No. 33 of 1983, decided on 15th November, 1983.
ALLY MADAD SHAH, J
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Miscellaneous Application No. 33 of 1983, decided on 15th November, 1983.
ALLY MADAD SHAH, J
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SIND EMPLOYEES SOCIAL SECURITY INSTITUTION AIWAN EMEHNATKASH
VS
FATEHALLY CHEMICAL LTD.
Law:
Section:
West Pakistan Employees' Social Security Ordinance (X of 1965)--- --S. 64-Employees Social Security Institution calling upon management to pay social security contribution on incentive bonus paid to employees - Employees Social Security Court staying proceedings sine die on ground that order of Commissioner was based on judgment of High Court which has been appealed against before Supreme Court and its operation has been stayed-Legal question involved in appeal before Employees Social Security Court viz.. connotation of term "production/ incentive bonus" was considered by High Court in said case and it was held that "production/ incentive bonus did not fall within meaning of "wages as defined in Ordinance, and no contribution was payable to Institution thereon-Held, a of High Court appealed against, did not lose its binding force on subordinate Courts unless it was set aside by Supreme Court-Stay of Operation of impugned operates between parties thereto-Employees Social Security Court, therefore, could not hold a view different from that held by High Court--Adjournment of appeal sine die to await verdict of Supreme Court on question of law was, held, to be appropriate order in circumstances. [Simath v. Mata Prasad and others A I R 1935 All. 476 and Sind Employees Social Security Institution and another v. Adamjee Cotton Mills Ltd. P L D 1975 S C 32 held not applicable]. P L D 1963 Lah. 11 -, P L D 1974 Kar. 29 ; P L D 1980 Kar. 492 ; A I R 1935 All. 476 ; P L D 1975 S C 32 ; SESSI v. Messrs Brooke Bond Liptons (Pakistan) Ltd. Miscellaneous Application No. 94/1979, ; Messrs (Pakistan) Ltd. Miscellaneous Application No. 95/79 ; Berger Paints (Pakistan) Ltd. Miscellaneous Application 102/79 ; Muhammad Iqbal Khan v. The Chief Settlement and Rehabilitation commissioner and another P L D 1963 Lah. 11 ; Muhammad Ismail v. State P L D 1974 Kar. 29 ; Yousif A. Mitha and 3 athers v. Abubakar and 2 others P L D 1980 Kar. Razak 492 ; v. Usman P L D 1975 Kar. 944 and Mrs. Jamila Bai Namit v. Mian Abdul Wheed P L D 1981 Kar. 138 ref. Simath v. Mata Prasdd and others A I R 1935 All. 476 and Sind Employees' Social Security Institution and another v. Adamjee Cotton Mills…
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