Case Details

Citation(s)
1987 SLG 1064 1987 SLD 1064 1987 PLC 226
Sindh High Court
Miscellaneous Appeal No. 34 of 1983, decided on 1st October, 1986
SAEEDUZZAMAN SIDDIQUI., J

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SIND EMPLOYEES SOCIAL SECURITY INSTITUTION

VS

Messrs GOLDEN INDUSTRIES LIMITED

Law:

Section:

(a) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ---Ss. 2(30), 20 & 64--Production premium--Liability of establishment to make contribution on amount paid to workers as production premium-­Production premium paid to workers being in fact payment made towards overtime to its workers, claim to contribution thereon, by Authority in terms of S.20 of Ordinance X of 1965, held, was not sustainable--No prohibition of treating such allowance as overtime payment either in Factories Act, 1934 or in Ordinance X of 1965 existed. (b) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ---S. 64--Appeal under S.64 could only be lodged if a substantial question of law was involved therein--Appeal against order of Social Security Court--Appeal under S.64, held, could only be lodged if a substantial question of law was involved therein. (c) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ---S. 64--Appeal against order of Social Security Court--Plea not raised before lower forum--Effect--Where a plea was not raised before lower forum, same, held, could not be raised subsequently, in appeal--High Court in its appellate jurisdiction would decline interference in absence of misreading or perverse appreciation of evidence. (d) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ---Ss. 20 & 64--Liability of establishment to contribution on amount paid to workers as milk and washing allowances--Admission of liability by establishment on such allowances before Authority--Such liability however, challenged by establishment before lower appellate forum---In absence of ground in memo. of appeal before such forum, attacking correctness of observation by authority about admission by establishment, finding of lower forum reversing finding of such Authority, held, would not be sustainable--Order of lower appellate forum in so a as same disallowed claim for contribution on amount paid by establishment in respect of washing allowance only, was set aside by High Court in exercise of its appellate jurisdiction--Appeal being not pressed in respect of milk allowance, however, was dismissed accordingly. S.A. Sarwana for…
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