Case Details

Citation(s)
2004 SLG 1693 2004 SLD 1693 2004 PLC 1263
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal No. 1277/L to 1279/L and, 1322/L of 2002, decision dated: 6-03-2003. (On appeal from the judgments dated 18-2-2002 and 26-2-2002 of the Lahore High Court, Lahore, passed in F.A.Os No.8 to 10 of 2002 and 27 of 2002)
TANVIR AHMED KHAN AND KHALILURREHMAN RAMDAY, JJ

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DIRECTOR, PUNJAB EMPLOYEES SOCIAL SECURITY INSTITUTIONS, MULTAN and others

VS

MONNOWAL TEXTILE MILLS LTD. and others

Law:

Section:

Provincial Employees Social Security Ordinance (X of 1965)-------S.23(1)---Constitution of Pakistan (1973), Arts. 25 & 185(3)--­Issuance of notices for increased demand by Institution to employers--­Appellants (employers) took exception to such demand being discriminatory for having been made from employers, who had not approached Courts against earlier demand notices issued under S.23(1) of Provincial Employees' Social Security Institution Ordinance, 1965--­Appeal filed by appellants was accepted by High Court---Validity---Such act on the part of Institution was certainly violative of Art.25 of the Constitution ---High Court had not committed illegality in giving same treatment to appellants (employers) as had been meted out to other employers placed in similar circumstances---Supreme Court dismissed petition and refused leave to appeal. Shamas Textile Mills and others v. Province of: Punjab and 2, others 1999 SCMR 1477 ref. Ch. Muhammad Mujahid Ahmad, Advocate Supreme Court for Petitioners. Imtiaz Rashid Saiddiqui, Advocate Supreme Court with Sh. Salahuddin, Advocate-on-Record for Respondents. Date of hearing: 6th March, 2003. ORDER TANVIR AHMED KHAN, J---Leave to appeal is sought against the judgments dated 18-2-2002 and 26-2-2002 whereby a learned Single Judge of the Lahore High Court, Multan Bench Multan, allowed the F.A.Os filed by the respondents in the time already laid down to F A.O. No.384 of 2001 decided on 14-1-2002. The facts briefly narrated are that the petitioner Institution issued demand notices under section 23(1) of the Social Security Ordinance, 1995 (hereinafter referred to as the Ordinance), for increased demand in respect of Special Allowance paid to the employees. Such notices were challenged by different employers before the Lahore High Court and thereafter the matter was set at rest through a judgment reported as Shamss Textile Mills and…
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