Law:

Section:

West Pakistan Employees' Social Security Ordinance (X of 1965)-- ---S. 1(3)--Constitution of Pakistan (1973), Art. 190--Contribution for workmen, demand of--Ordinance X of 1965 applied to such industries or establishments from such date or dates which the Government by notification would specify-­Pica that majority of workmen had been drawing salary more than specified in the Ordinance was not agitated by petitioner before appellate forum--Discretion of Government to decide as to when a notification in relation to a particular industry or establishment was to be issued--Petition having no merit dismissed in circumstances. JUDGMENT AJMAL MIAN, C.J.--This petition is directed against the demand for a sum rd K: 17,4(10 as the contribution for the workmen under the West Pakistan Employee, Social Ordinance, 1905 hereinafter referred to as the Ordinance) for tile months of September, 1971) to November, 1979. In support of the above petition, Mr. Choudhary Rashid Ahmed, learned counsel for the petitioner has urged as follows: (i) That since the petitioner is a State owned enterprise, the provisions of the Ordinance cannot be made applicable. (ii) That during the period in question out of 220 workmen 200 workmen were drawing salary more than what has been specified in the Ordinance, and therefore, they were not covered by the provisions of the Ordinance. (iii) That the impugned notification dated 17th September, 1979, issued under subsection (3) of section 1 of the Ordinance is discriminatory inasmuch as some other State enterprise like Pakistan Steel Mill. Machine Tool Factory, P.I.D.C. have not been notified under the above provisions of the Ordinance. Adverting to the first submission of the learned counsel for the petitioner, that the petitioner is a State enterprise and therefore, the provisions of the Ordinance cannot be made applicable, it may be observed that subsection (3) of section 1 of the Ordinance provides that the Ordinance shall apply to such areas, classes of persons, industries or establishments from such date or dates which the Government by a…

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