Law:

Section:

Natural justice, principles of--- ----West Pakistan Social Security Ordinance (X of 1965), Ss. 57 & 59--­Complaint for non-payment of social security amount---Social Security Institution deciding matter in absence of appellants without considering their application for adjournment of case---Social Security Court did not advent to such question either---Validity---Social Security Institution while deciding a complaint and Social Security Court while hearing appeal are required to act judicially and not arbitrarily---Party to such proceedings must be given opportunity to defend and plead its case according to rules of natural justice--­Impugned orders purporting to create liability against appellant required exercise of greater caution while passing such orders--Orders passed by forums below were set aside and case was remanded for decision afresh in accordance with law. PLD 1977 SC 177 ref. M.L. Shahani for Appellant. M. Aslam Butt for Respondents. JUDGMENT According to appellants they raised substantial question of law with regard to interpretation of section 22 of the Social Security Ordinance, 1965, before the respondent No.1 namely Sindh Employees Social Security Institution, through its Commissioner hereinafter called the "Institution". They were partly heard on 20-10-1990 where after the matter was adjourned from time to time for production of record but it did not proceed. However, on 3-1-1991 the appellants filed an application for adjournment in the office of the A, Institution. The learned Commissioner of the Institution instead of considering the adjournment application, proceeded in the matter in their absence and passed an order against the appellants requiring them to pay Rs.2, 26,800 being the dues payable to the Institution. Against this order the appellants preferred an appeal under section 62 before the Social Security Court. From the perusal of case diary of the Institution, it appears that the appellant's application for adjournment 'was not placed before the Commissioner who recorded non-appearance of the appellant and heard the arguments of respondent No.2 and then reserved the matter for orders which were passed - on 13-1-1991. In the…

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