Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- -- S. 38 (3-a) read with West Pakistan Employees' Social Security Ordinance (X of 1965), Ss. 59 & 60-Revision-Social Security Court--Constituted under S. 60 of West Pakistan Employees' Social Security Ordinance, 1965 and not under Industrial Relations Ordi­nance, 1969-Appointment of Presiding Officer Labour Court as Social Security Court shall not confer upon him powers and functions under Industrial Relations Ordinance, 1969-Social Security Court, held, not within ambit of revisional jurisdiction of Labour Appellate Tribunal. National Cement Industries Ltd. v. Sind Labour Appellate Tribunal and 3 others 1981 P L C 561 distinguished. Andaleeb Alvi for Respondent. Date of hearing : 25th April, 1984. ORDER This suo motu revision is directed against the order, dated 5th January, 1984 passed by the Sind Social Security Court No. II at Karachi refusing to summon and record the evidence as prayed by the applicants in the proceedings before it. 2. Briefly stated the facts are that the applicants Consolidated Sugar Mills, Ranipur, filed an application under section 57 of the Provincial Employees and Social Security Ordinance, 1965, before the Social Security Institution. The Social Security Institution disposed of the application vide its order, dated 17th May, 1983. Aggrieved by this order, the applicants Sugar Mills filed an appeal under section 59 of the Ordinance before the Social Security Court No. II at Karachi. During the proceedings before the learned Court the applicants filed an application under section 62 of the Social Security Ordinance with a prayer for summoning their witnesses and recording their evidence. The learned Court rejected the application vide its order, dated 5th January, 1984, on the grounds; firstly, that no evidence could be adduced at the appellate stage as a matter of right and secondly, that the evidence that was being summoned was not necessary for the just decision of case. Aggrieved by this order, the applicants have invoked the jurisdiction of this Tribunal under section 38 (3-a) of the I.R.O., 1969, to examine the legality, propriety and correctness of the impugned order. 3. I…

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