Case Details

Citation(s)
1992 SLG 415 1992 SLD 415 1992 PLD 447
Supreme Court of Pakistan
C.P.L.A. No.409-K of 1991, decision dated: 27-11-1991.
AJMAL MIAN AND SALEEM AKHTAR, JJ
A.A. Shareef, Advocate Supreme Court and AA. Dastgir, Advocate-on-Record. Nemo.

GLAXO LABORATORIES (PAK.) LTD.

VS

GOVERNMENT OF SINDH and others

Law:

Section:

(a) West Pakistan Employees Social Security Ordinance (X of 1965)------S. 1(3)---No sooner a notification is issued applying the Ordinance on any establishment the specified benefits under the Ordinance would accrue to all employees of the said establishment---With the publication of the notification liability of establishment under the Ordinance commenced and continued till it was stayed by competent Authority. Kohinoor Chemical Industries v. Sindh Employees, Social Security Institution PLD 1977 SC 197 ref. (b) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ----S. 65---Stay order only kept the operation of applicability of Ordinance suspended which was to be restored the moment stay was withdrawn---Where the establishment did not have any substantive right, any withdrawal of the stay after due notice to the establishment could not be challenged on the ground that it was in violation of natural justice.--[Stay---Natural justice, principles of]. ORDER SALEEM AKHTAR, J.---The, petitioner seeks leave to appeal against the order of the Division Bench of the High Court of Sindh dismissing the Constitution Petition filed by the petitioner challenging the order of respondent No.2 which had withdrawn the order staying the operation of Notification dated 15-10-1968. 2. The petitioner is a company engaged in business of manufacturing, production, sale and distribution of pharmaceutical products and medicines. On 15-10-1968 a Notification was published by the then Government of West Pakistan, notifying the names of establishments to which the West Pakistan Employees' Social Security Ordinance, 1965, was made applicable with effect from 1st November, 1968. The petitioner's establishment in Karachi was also notified in the said Gazette. It seems that Collective Bargaining Agents of Workmen of the petitioner and other major establishments preferring to avail the medical facilities and benefits under various collective bargaining settlements made representations that they may not be governed by the Social Security Ordinance, hereinafter referred to as `the Ordinance'. Consequently respondent No.2 advised that the Ministry of Labour of the then Government of…
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