Law:

Section:

West Pakistan Employees' Social Security Ordinance (X of 1965)S. 2(25)(30)ContributionLiability ' of establishment to make­Adjudication by Court of liability of establishment to make contribution without rendering finding whether employees in respect of whom contribution was demanded, were secured persons under S.2(25)(30) was illegal and could not sustain. Javed Altaf for Appellant. Muhammad Mujahid Ahmad for Respondent. Date of hearing: 26th October, 1993. ORDER This judgment will dispose of FA.Os. Nos.141 and 178 of 1990 as these arise out of common background and involve identical questions of law. The former appeal has been filed by Montgomery Flour and General Mills while the latter has been filed by the Commissioner, Punjab Employees' Social Security Institution, Lahore. Both of these appeals call in question the validity of the judgment rendered by the learned Judge Social Security Lahore, dated 1251990. 2. A few facts, relevant for the disposal of these appeals, are: that Montgomery Flour and General Mills ('Pvt.) Limited is an establishment under the Provincial Employees Social Security Ordinance (X of 1965) (hereinafter referred to as the Ordinance). Pursuant to the report of Director Punjab Employees Social security Institution (shortly stated as the Institution), a notice was issued to the aforesaid establishment for payment of an amount of Rs.2,11,929.84 for less pay contribution. Feeling aggrieved from the above notice, the establishment lodged a complaint which was dismissed by the Commissioner vide an order dated 461989. On appeal, the learned Judge Social Security vide a decision dated 1251990 partly allowed the appeal and adjudged that the establishment was liable only to make contribution for contract labour and not for over time, club workers and leave encashment. Feeling…

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