Law:

Section:

(a) Judgment-- --- Any exposition of law in a has to be read in context of issues raised therein and facts of case from which such issues arise.---[Precedent]. (b) West Pakistan Social Security Ordinance (X of 1965)-- ---Ss. 57 & 59---Social Security contribution---Liability of employer---Employer is liable to pay contribution on wages of persons engaged by him directly or through contractor at such rate and subject to such conditions as might be prescribed. Civil Appeal No. 39 of 1977, decided on 13-2-1983; 1987 S C M R 1463; 1985 S C M R 257 and P L D 1976 Lah. 1097 ref. JUDGMENT This judgment shall dispose of MA. 50 of 1986 and M.A. 19 of 1988 involving identical questions of law and facts arising out of the judgments dated 31-8-1986 and 9-3-1988 respectively of Social Security Courts, Karachi. M.A. 50 of 1986: The facts leading to the filing of the above appeals are that the provisions of Social Security Ordinance, 1965 (hereinafter referred to as the Ordinance) were made applicable to the employees and employers of Burshane Pakistan Limited establishment (hereinafter referred to as the respondent) by notification dated 4-9-1977. As provided in the Memorandum and Articles of Association of the respondent, its business includes inter alia, purchase, collection of liquified petroleum gas, filling it in cylinders and selling them in the market as fuel gas. According to the provisions of the Ordinance and the rules and regulations made thereunder, the employer of the notified establishment is required to pay to the Institution contribution at `the rate of 7% of the wages paid to any employee working in/or in connection with the work of the notified establishment under any contract of service whether written or oral, express or implied provided that such wages are not in excess of Rs.40 per day. Consequently the respondent started paying contribution on the wages. In or about 1983/1984 the appellant noticed substantial difference in the payment of contribution by the respondent. On enquiry the appellant found that the respondent had stopped paying contribution on the ground that they were getting the work of the establishment done through independent…

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