| Citation(s) |
|---|
| 1994 SLG 384 1994 SLD 384 1994 PLC 539 |
Lahore High Court
Writ Petition No. 1658 of 1988, heard on 22-03-1994
IHSANULHAQ CHAUDHRY, J
M.S. Bokhari for Petitioner. MA. Hayee for
Respondent.
Writ Petition No. 1658 of 1988, heard on 22-03-1994
IHSANULHAQ CHAUDHRY, J
M.S. Bokhari for Petitioner. MA. Hayee for
Respondent.
M/s. SERVICES SALES CORPORATION LTD.
VS
ASSISTANT DIRECTOR (FIELDS)
Law:
Section:
(a) Employees' OldAge Benefits Act (XIV of 1976)Ss. 9, 10 & 11Constitution of Pakistan (1973), Art. 199Factual controversy resolved in lower forums raised in Constitutional petitionCompetencyPayment of contribution by establishment in terms of Ss. 9, 10 & 11, Employees' OldAge Benefits Act, 1976Establishment's various shops and sale depots whether formed one establishment or separate establishments for purpose of paying said contributionEstablishment itself got registered as one establishment and started paying contributionEstablishment disputed its status as one establishment only after it was served with a demand notice for payment of specified amountSuch being a factual controversy which had been set at rest by the judgments of forums below, same could not be agitated in Constitutional jurisdiction. Muhammad Aqil v. Sindh Labour Appellate Tribunal PLD 1978 Kar. 649; Abdul Razzaq v. Messrs Ihsan Sons Limited and 2 others 1992 SCMR 505; Sindh Employees' Social Security Institution v. M/s. Cowasjee and Sons 1993 SCMR 1433; M/s. Ihsan Sons Ltd. v. Abdul Razzak Habib and others 1987 PLC 390 and Messrs Macdonald Layton Constain Limited, West Wharf, Karachi v. Punjab Employees' Social Security Institution PLD 1991 SC 1055 ref. (b) Employees' OldAge Benefits Act (XIV of 1976) Ss. 9, 10 & 11Constitution of Pakistan (1973), Art. 199Admission of claim by establishmentEffectEstablishment through written communication admitting claim of Institution claiming therein that the amount in question, had already been recovered by the Institution through bank guarantee furnished by establishment in favour of the InstitutionEstablishment after such admission in writing, could not prosecute Constitutional petition which had been rendered infructuous for all intents and purposesConstitutional petition was not maintainable in circumstances. JUDGMENT The -Petitioner through this Constitutional petition has prayed that the order of -Respondents Nos. 2 and 3 and Demand Notice dated 1431988 be declared without lawful authority, without jurisdiction and of no legal effect. 2. The admitted facts are that the -Petitioner has established about 190 shops and 15 wholesale depots…
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