Law:

Section:

(a) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ----Preamble---West Pakistan Minimum Wages for Unskilled Workers Ordinance (XX of 1969), Preamble---Punjab Employees Special Allowance (Payment) Act (II of 1988), Preamble---Constitution of Pakistan (1973), Arts. 143 & 268--­Inconsistency between Federal and Provincial Law---Punjab Employees Special Allowance (Payment) Act, 1988 being a Provincial law cannot override the West Pakistan Employees' Social Security Ordinance, 1965 and West Pakistan Minimum Wages for Unskilled Workers Ordinance, 1969 which are Federal Laws mentioned in Concurrent Legislative List of the Constitution of Pakistan. (b) Industrial dispute--- ---- Ex gratia payment of grant---Necessary ingredients---Person liable to ex gratia payment has an option at his whim to pay or withdraw the same. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Punjab Employees Special Allowance (Payment) Act (II of 1988), S.8---Payment of special allowance under Punjab Employees Special Allowance (Payment) Act, 1988 is a right granted to a worker therefore the same can be enforced under S.25-A, Industrial Relations Ordinance, 1969, being a right granted or secured to worker under the law in case the employer refuses to make payment. (d) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ----S. 20---Punjab Employees Special Allowance (Payment) Act (II of 1988), S. 3---Allowance payable tinder Punjab Employees Special Allowance (Payment) Act, 1988 could independently be treated as part of wages for the purposes of payment on account of Social Security Contributions---Formal notification for making the said allowance as part of wages under Minimum Wages Ordinance, 1961 does not affect the legality of the demand made on that basis retrospectively. (e) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ----Ss. 20, 57 & 58---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability--- Dispute as to quantum of amount which establishment was required to pay on account of social security---Establishment can seek remedy as provided by S.57, West Pakistan Social Security…

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