Law: West Pakistan Employees Social Security Ordinance, (X of 1965)

Section: 1(3),59,64

Law: Constitution of Pakistan, 1973

Section: 25,185(3)

(a) West Pakistan Employees Social Security Ordinance (X of 1965)-- ---Ss. 1 (3) 59--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to examine whether appellant could in proceedings under S.59 of Ordinance (X of 1965) challenge vires of a notification issued under subsection (3) of S.1 of Ordinance, and if so, whether that notification is in fact ultra vires of the Ordinance. (b) Constitution of Pakistan (1973)-- --Art. 25--West Pakistan Employees Social Security Ordinance (X of 1965), Ss. 1(3), 57(f), 59 64--Social Security Court--Jurisdictional limitation--Question of law-- Determination of--Provincial Government issuing notification under S.1(3) of Ordinance (X of 1965) applying certain specified provisions of Ordinance to one particular establishment alone, leaving out other similar establishments in locality--Notification impugned as ultra vires of S.1(3) of Ordinance, discriminatory and violative of Art.25 of Constitution--Government not impleaded as party in appeal--Social Security Court declined to give finding as to whether notification was violative of Art. 25 of Constitution--Appeal dismissed by High Court on ground that cl. (f) of S.57 could not include fundamental question whether Ordinance itself was legally applicable to a particular establishment and that Social Security Court being a Tribunal of limited jurisdiction was not competent to adjudicate on vires of a notification--Decision challenged--Held: Exclusive jurisdiction of Social Security Court under S.61 extends to hear and decide appeals from decisions of Institution under S.57 and that vires of a notification issued under subsection (3) of S.1 of Ordinance is included neither expressly nor impliedly in it--Held further: A further appeal on a substantial question of law to High Court under S.64 of Ordinance does not enlarge, rather it limits, the scope of appeals arising on adjudications under S.57 of Ordinance--Constitutional question ofthe vires of enacted law and notifications thereunder could not be agitated under S.57 before the Social Security Institution or in appeal under S.59 before Social Security Court or in further appeal under S.64 before High…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492