| Citation(s) |
|---|
| 1993 SLG 1604 1993 SLD 1604 1993 PLC 984 |
Lahore High Court
Service Appeal No. 19 of 1991, decided on 8th March, 1992.
MIAN NAZIR AKHTAR, J
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Service Appeal No. 19 of 1991, decided on 8th March, 1992.
MIAN NAZIR AKHTAR, J
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OKARA FLOUR AND GENERAL MILLS, OKARA
VS
THE PUNJAB EMPLOYEES SOCIAL SECURITY INSTITUTION, LAHORE and another
Law:
Section:
West Pakistan Employees' Social Security Ordinance (X of 1965)--- ----S. 20---Contribution for Social Security---Persons employed by a notified establishment through contractor---Employer's liability to pay social security contribution for such employees---Employees even though employed through contractor performed duties in connection with the business of employer establishment; their welfare and security was the concern of the employer and it was liable for the workers employed through private contractor---Business of employer was carried on throughout the year, therefore, employer could be legitimately called upon to pay social security contribution ---Moreso, when employer had been earlier paying such contribution but discontinued such payment without any legitimate cause---Assessment of contribution had been reasonably made from the available record including cash books and bills of contractor showing payment to employees every month---Employer establishment was thus, liable to pay social security contribution in respect of employees engaged through a contractor. Pakistan Tobacco Co. Ltd. v. Punjab Employees' Social Security Institution PLD 1978 Lah. 704 ref. Zafar Iqbal Ch. for Appellant. Iftikhar Ahmed Dar-for Respondents. Date of hearing: 21st September, 1992. JUDGMENT The appellant has assailed the orders dated 17-1-1982 and 9-5-1982 passed by the Director, Social Security and the Social Security Court respectively. 2. The brief facts of the case are that the appellant is a notified establishment and respondent No. 1 put up a demand of Rs.400 plus Rs.200 per month on account of contribution for Social Security. The appellant filed a complaint under section 57 of the Provincial Employees' Social Security Ordinance, 1965 before the Institution (Director), which was dismissed vide order dated 7-1-1982. The petitioner's appeal was allowed and the case was remanded to the Director with an observation that the parties be given an opportunity to adduce evidence to substantiate their pleas. Accordingly the parties were allowed to produce evidence and thereafter the complaint was dismissed on merits vide order dated 17-1-1982. Again the appellant preferred an…
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