| Citation(s) |
|---|
| 1987 SLG 1281 1987 SLD 1281 1987 PLC 658 |
Sindh High Court
Miscellaneous Appeal No. 55 of 1984, decided on 3rd June, 1987.
AHMED ALI U. QURESHI, J
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Miscellaneous Appeal No. 55 of 1984, decided on 3rd June, 1987.
AHMED ALI U. QURESHI, J
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Messrs TRADE AND INDUSTRY PUBLICATIONS LIMITED
VS
SIND EMPLOYEES SOCIAL SECURITY INSTITUTION, KARACHI
Law:
Section:
(a) West Pakistan Employees' Social Security Ordinance (X of 1965)-- ---Ss.3,4(1),57,59 & 77--Order passed by Governing Body only could be considered to be an order passed by the Institution--Governing Body, however, can direct under S.77 that all or any of its powers and functions be exercisable by the Commissioner or any other Officer subordinate to the Institution--Nothing on record to show that powers to decide question under S.57 were delegated to Directors--Order passed by a Director under S.57, however, was saved by doctrine of "indoor management" and was an order passed by the Institution and was thus appealable to Social Security Court under S.59. P.E.C.H.S. Ltd. v. Anwar Sultana and others P L D 1969 Kar. 474 and M/s. Volkervam (Pakistan) Ltd. v. Sind Employees Social Security Institution P L D 1985 Kar. 37 ref. (b) West Pakistan Employees' Social Security Ordinance (X of 1965)-- ---Ss.57,59 & 64--Order passed by Director showing certain amount was assessed by him to be contribution payable by appellants and while passing final impugned order Director taking into consideration contentions raised by appellants--Filing of formal complaint not necessary for a decision to fall within scope of S.57 but order deciding any question or dispute with regard to contribution or dues payable or recoverable under Ordinance would be deemed to be a decision under S.57--Orders of Director confirming provisional assessment made earlier and contested by appellants, held, were to be considered decisions under S.57 and appealable under S.59--Appeal partly accepted case remanded to Social Security Court for decision of appellant's on merits. (c) West Pakistan Employees' Social Security Ordinance (X of 1965)-- ---S.57--Word "question" used in S.57--Definition. Black's Law Dictionary ref. (d) West Pakistan Employees' Social Security Ordinance (X of 1965)-- ---Ss.57,58 & 59--Sind Employees' Social Security (Procedure for Deciding Complaints and Review of Decision) Regulations, 1983, para.5--Word "decision" used in S.57--Meaning--A determination of a judicial or quasi judicial nature--Interim order passed by Commissioner granting stay of recovery of dues ordered by…
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