| Citation(s) |
|---|
| 1995 SLG 475 1995 SLD 475 1995 SCMR 32 |
Supreme Court of Pakistan
Civil Appeal No. 598 of 1992, decision dated: 2-12-1993.On appeal from the judgment dated 10 9 1991 of the High Court of Sindh, Karachi, passed in Constitution Petition No. D-930 of 1991
AJMAL MIAN, SAJJADALI SHAH AND SALEEM AKHTAR, JJ
SA. Sarwana, Advocate Supreme Court and M. Shabbir Ghaury, Advocate on-Record for Appellant. Noor Muhammad, Advocate Supreme Court and A. Aziz M. Dastgir, Advocate on-Record No. 1
Civil Appeal No. 598 of 1992, decision dated: 2-12-1993.On appeal from the judgment dated 10 9 1991 of the High Court of Sindh, Karachi, passed in Constitution Petition No. D-930 of 1991
AJMAL MIAN, SAJJADALI SHAH AND SALEEM AKHTAR, JJ
SA. Sarwana, Advocate Supreme Court and M. Shabbir Ghaury, Advocate on-Record for Appellant. Noor Muhammad, Advocate Supreme Court and A. Aziz M. Dastgir, Advocate on-Record No. 1
SINDH EMPLOYEES SOCIAL SECURITY INSTITUTION
VS
M/s. PAKISTAN TOBACCO COMPANY LTD. and others
Law:
Section:
West Pakistan Employees' Social Security Ordinance (X of 1965) S. 7(3) Constitution of Pakistan (1973), Art. 185 Rule of audi alteram partem Application Notification for suspension of application of provisions of West Pakistan Employees' Social Security Ordinance, 1965 to respondent¬ establishment was issued in 1968 Such notification was withdrawn by another notification in 1991, effect of which was that provisions of Ordinance became operative against respondent establishment Respondents challenging subsequent notification whereby earlier notification was withdrawn High Court setting aside subsequent notification on the ground that withdrawal of suspension order without prior hearing of respondent contravened provisions of audi alteram partem Validity No legal requirement exists to the effect that Provincial Government, prior to issuing notification under S. 1(3) of the Ordinance for application of provision of the Ordinance, should give a show¬cause notice to establishment Suspension orders of the operation of the Ordinance passed in 1968, were without reference to any pro vision of the Ordinance and such orders were passed on administrative side Suspension orders in question, did not create any rights or benefit in favour of respondent of the nature which warranted application of the dictum audi alteram partem -Order of High Court setting aside subsequent notification of (withdrawal of suspension order of 1968) being not warranted by law, was reversed and subsequent notification was upheld in circumstances. JUDGMENT AJMAL MIAN, J: This is an appeal with the leave of this Court against the judgment dated 10 9 1991 passed by a Division Bench of the High Court of Sindh in Constitution Petition No.D 930 of 1991, filed by respondent No.1 against the enforcement of Notification No. LAB III 1/67 dated 15 10 1968, hereinafter referred to as the Notification, issued by the Government of Sindh (respondent No.2) extending the application of the provisions of Social Security Ordinance, 1965, hereinafter referred to as the Ordinance, by withdrawing in May, 1991, the suspension orders passed in 196869 by respondent No.1: whereby the operation of the notification was…
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