Case Details

Citation(s)
1998 SLG 1223 1998 SLD 1223 1998 PLC 93
Lahore High Court
First Appeal from Order No. 52 of 1984, decision dated: 29-07-1997.
CH. IJAZ AHMAD, J

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PUNJAB EMPLOYEES SOCIAL SECURITY INSTITUTION

VS

Messrs PAKISTAN ENGINEERING CO. LIMITED

Law:

Section:

(a) West Pakistan Employees' Social Security Ordinance (X of 1965)-------S. 2(30)---"Conveyance allowance" as "wages" --- "Conveyance allowance" which was to be paid to employee by employer in connection with service of employee, was "remuneration" in connection with his service or employment, and could be included as "wages" under S. 2(30) of West Pakistan Employees' Social Security Ordinance, 1965. Bawani Violin Textile Mills Ltd. v. Social Security Institution PLD 1978 Kar. 890; 1983 PLC 182; PLD 1978 Kar. 744; 1982 PLC 325; Lyallpur Chemical Fertilizer Ltd. and others v. Director, Punjab Employees' Social Security Institution F.A.O. No. 203 of 1982 General Manager, Lyallpur Cotton Mills Ltd. v. Director, Punjab Social Security" 1993 PLC 1021 ref. (b) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ----S. 2(30)---Wages---"House rent allowance" and "canteen allowance" as "wages"---If allowance was covered under exclusion clauses "A to D" of S. 2(30) of West Pakistan Employees' Social Security Ordinance, 1965, same would not be a part of "wages" ---House rent allowance and canteen allowance, which were granted to employees on basis of settlement between employer and Collective Bargaining Agent, was not an ex gratia, but was a right of employees who could demand same from employer on basis of settlement arrived at between employer and Collective Bargaining Agent--­"House rent allowance" and "canteen allowance" not falling within exclusion clauses "A to D" of S. 2(30) of West Pakistan Employees' Social Security Ordinance, 1965, those were not part of "wages". National Embroidery Mills Ltd. and others v. Punjab Employees Social Security Institution 1993 SCMR 1201 and 1991 SCMR 862 ref. (c) Industrial dispute--- --- :"Ex gratia"---Meaning and scope---"Ex gratia" meant, grant without support of any law or settlement and employer had a right to withdraw same at any time and employees had no right to demand same as of right before any Court of law. Zafar Iqbal Khan for Appellant. Umar Alvi for Respondent. Date of hearing: 29th July, 1997. JUDGMENT The brief facts giving rise to this appeal are as follows:-- Appellant issued demand notice to the…
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