Law:

Section:

(a) West Pakistan Employees' Social Security Ordinance (X of 1965)-------S. 20----Civil Procedure Code (V of 1908), Ss. 9 & 115---Revision--­Employer was registered with West Pakistan Employees' Social Security Institution---Number of employees were less than the required minimum limit---Employer was, therefore, exempted from payment of social security contribution---Institution initiated proceedings against employer for recovery of the contribution---Employer filed civil suit against such recovery---Maintainability of suit---Allegations of corruption, mala fides and illegal demand were levelled against institution which could be determined only by Civil Court---Courts below, thus, fell in error in assuming that the jurisdiction of Civil Court was barred under S.20 of Social Security Ordinance, 1965. PLD 1976 Kar. 1228; Messrs Tasneem Mechanical Works v. Punjab Employees' Social Security Institution and 2 others PLD 1978 Lah. 805 and Hamid Hussain v. Government of Pakistan and others 1974 SCMR 356 ref. (b) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ----Preamble----Civil Procedure Code (V of 1908), S. 9---Civil Court---Jurisdiction---No provision in Social Security Ordinance bars jurisdiction of Civil Court---Allegations which are exclusively to be inquired into and determined after framing of issues and recording of evidence, can be determined only by Civil Court. Dr. Hameed Ahmed Ayaz for Petitioner. Muhammad Mujahid Ahmed for Respondents. Date of hearing: 8th October, 1997. JUDGMENT This order shall dispose of Civil Revision No. 790 of 1997 calling in question judgment and decree, dated 23-4-1997 of the learned Additional District Judge, dismissing the appeal of the petitioner and affirming the judgment and decree, dated 13-1-1997 of the learned trial Court. 2. A suit for declaration, permanent injunction and recovery of damages was filed by the petitioner against the respondents wherein the acts of the respondents were challenged on the grounds of being illegal and mala fide and the proceedings for recovery of Rs.8,845 were questioned on the ground of being without jurisdiction and as a consequential relief a decree for Rs.15,000…

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