Case Details

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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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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