Case Details

Citation(s)
1989 SLG 1096 1989 SLD 1096 1989 PLC 81
Sindh High Court
Miscellaneous Appeal No. 5 of 1987, decided on 7th August, 1988.
AHMED ALI U. QURESHI,
SA. Sarwana for Appellant.

SIND EMPLOYEES SOCIAL SECURITY INSTITUTE

VS

PAKISTAN NATIONAL PRODUCE CO. LTD.

Law:

Section:

(a) West Pakistan Employees` Social Security Ordinance (X of 1965)--- Preamble--Interpretation--Ordinance to be liberally interpreted so as to ensure welfare of the workers for whose benefit the Ordinance had been promulgated. Taj Din v. Punjab Labour Court No. 3, Lyallpur P L D 1976 Lah. 1169; Oadri Brothers Foundry and Workshop, Karachi v. Sind Employees' Social Security Institute, Karachi P L D 1977 Kar. 112; P L D 1977 S C 197; Statute Law, 7th Edition,1971 at 175; P L D 1963 S C 663 and United States of America v. Silk (1946) 131 U S 704 ref. (b) Words and phrases- ---Words "employer" and "representative"--Connotation of--Word "employer" includes employer's representative--Word "representative" means amongst others as "one who represents or stands in the place of another". (c) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ---S. 2--Word "employee"--Workers employed by contractor--Status of--Definition of "employee" does not provide that contract of employment should be with the employer but provides that any person working for wages normally for at least twenty-four hours per week in, or in connection with the establishment mentioned therein under any contract of service would be an employee---Workers employed by contractor to do work in, connection with the work of industry or establishment were not excluded from definition of employee. (d) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ---Preamble--Purpose and scope of Ordinance--Ordinance is a welfare statute prime purpose whereof, is welfare of workers--To achieve such purpose the Ordinance authorises collection of certain contributions from employers-­Ordinance cannot be termed as a fiscal statute with prime purpose of collecting revenue--Worker for whose benefit contribution is collected, is described as secured person--Establishment was liable to pay contribution under Ordinance for those workers employed by its contractors to work in or in connection with establishment. JUDGMENT This miscellaneous appeal is directed against the order of learned Judge, Social Security Court No. 8, Karachi dated 23-10-1986. 2. Brief facts leading to this appeal are that the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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