Law:

Section:

West Pakistan Employees' Social Security Ordinance (X of 1965)-- ----Ss. 20, 35 to 45---Social Security Contribution---Recovery of arrears--­Notification extending provisions of Ordinance to petitioner's establishment issued by Government and published in Government Gazette but facilities mentioned in Social Security Ordinance were not made available to workers of petitioner establishment on date when notification was issued and petitioner made provision for same at a higher cost than the contribution which was payable by them under Ordinance---Arrears of contribution, held, could not be realised or demanded from employer/petitioner as it would amount to realisation of contribution twice---Demand of Social Security contribution from petitioner was declared to be of no legal effect---Petitioner, however, was directed to submit all relevant information as required under the law and file prescribed returns in respect of employees, to respondent to determine dispute in the light of observations made---Petitioner was further directed to start payment of future social security contribution in accordance with law. Dates of hearing: 28th and 29th August, 1990. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.--This petition under Article 199 is directed against the notice dated 8th May, 1990 issued to petitioner by respondent No. 1 for recovery of alleged arrears of social security contribution amounting to Rs.23,56,403.50. At the hearing of the petition, the learned counsel for the petitioner stated that this demand in the meantime has increased to Rs.23,16,628.50 as per letter of respondent No. 1 dated 4th June, 1990. Pre-admission notices were issued to respondents in the case and in response thereto only respondent No. 1 filed objections. We have heard the learned counsel for the parties at length Ad we propose to dispose of the above petition as a regular case as follows:-- The main contention of the learned counsel for the petitioner before us is that the respondent No. 1 is not entitled to enforce the demand of arrears of social security contribution as respondent No. 1 till today failed to provide the facilities in terms of Provincial Employees' Social Security Ordinance,…

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