Case Details

Citation(s)
1991 SLG 1599 1991 SLD 1599 1991 PLC 331
Lahore High Court
First Appeal from Order No. 202 of 1990, heard on 23rd January, 1991.
AKHTAR HASSAN, J

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Messrs IQBAL SWEET HOUSE

VS

DIRECTOR, PUNJAB SOCIAL SECURITY

Law:

Section:

(a) West Pakistan. Employees' Social Security Ordinance (X of 1965)-- ----Ss. 58 & 64---Review and appeal---Maintainability---Right of review having been provided only against order of Social Security Institution and not against order of Social Security Court, review application filed against order of Social Security Court was rightly dismissed being not maintainable---In absence of right of review against order of Social Security Court, there was no right of appeal against dismissal of review application---Appeal filed against order of dismissal or review application thus was not maintainable. (b) Civil Procedure Code (V of 1908)--- ----S. 152---Ex facie inquiry---Power vesting in a Court under S. 152, C.P.C. did not permit an ex facie inquiry by entering into calculation etc. Mst. Bilqis Bibi v. Mst. Zainab Bibi and others 1989 SCMR 1008 rel. Date of hearing: 23rd January, 1991. JUDGMENT This FA.O. calls in question an order dated 12-5-1990 of the learned Judge, Social Security Court Camp at Sahiwal whereby he refused to entertain the review application brought by the appellant against the order dated 1-2-1989 passed by the learned predecessor Judge. 2. A preliminary objection was taken that since there was no right of review against the order dated 1-2-1989 of the learned Judge, Social Security Court Punjab, Lahore, afortiori there was no right of appeal against dismissal of the review application. 3. The objection raised to the maintainability of the present appeal appears to be well-placed. The only provision of the Ordinance giving a right of review is section 58 thereof, and the same contemplates a right against the order of Institution rather than the Security Court. Admittedly the order of the Institution was not sought to be reviewed. It implied that the right of review given by the only provision of the Ordinance was not availed. Thus, the order dated 1-2-1989 became final for all purposes. By making subsequently an application for…
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