| Citation(s) |
|---|
| 1993 SLG 1444 1993 SLD 1444 1993 PLC 667 |
Supreme Court of Pakistan
Civil Appeal No. 108-K of 1986, decided on 28th July, 1991
SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
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Civil Appeal No. 108-K of 1986, decided on 28th July, 1991
SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
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VS
Messrs COWASJEE AND SONS
Law:
Section:
(a) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ---S. 1 (3)---Constitution of Pakistan (1973), Arc. 185 (3)---Leave to appeal was granted to examine, whether in view of the notification under S. 1 (3) of the Ordinance there was any room left for holding that notified establishment was a separate establishment within the meaning of the Ordinance. (b) West Pakistan Employees' Social Security Ordinance (X of 1965)-- ----S. 1 (3)---Notification under S. 1 (3) can be by reference to any one or more of the indicators contained therein i.e. the specified areas, the specified classes of persons, the specified industries or establishments and besides, the dates could vary in respect of the benefits allowed. (c) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ----S. 1 (3)---Notification under S. 1 (3) is to be liberally construed and the benefit to be extended to the largest number of persons where two interpretations of notifications are possible---Social Security Institution, on the basis of such a rule of interpretation cannot urge that the establishment covered by notification being one by interpretation should be so extended as to include more than one--=Proprietary interest or ownership being not the test in the notification but the commercial activity as such, the notification cannot be given extended meaning. Messrs Kashmir Corner v. Sindh Employees' Social Security Institution, Karachi PLD 1975 Kar. 36; Kohinoor Chemical Co. Ltd. and another v. Sindh Employees' Social Security Institution and another PLD 1977 SC 197; Associated Cement Companies Ltd., Chaibasa Cement Works, Jhinkpani v. Their Workmen AIR 1960 SC 56; Management of Pratap Press, New Delhi v. Secretary, Delhi Press Workers' Union, Delhi AIR 1960 SC 1213; Workmen of the Straw -Board Manufacturing Co. Ltd. v. M/s. Straw Board Manufacturing Co. Ltd. AIR 1974 SC 1132 and Ishaq Steel Treatment, Bombay v. Association of Engineering Workers, Bombay and another (1987) 2 SCC 203 ref. S.A. Sarwana, Advocate Supreme Court and M. Shabbir Ghaury Advocate-on-Record for Appellant. Veerjee, Advocate Supreme Court and Muzaffar Hassan, Advocate on-Record for Respondent. Date…
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