Law:

Section:

(a) Provincial Employees' Social Security Ordinance (X of 1965)---S. 64(2)---Constitution of Pakistan (1973), Art.185(3)---Petitioner's contention that imposition of penalty was governed by subjective considerations and did not raise any substantial question of law so as to invite interference by High Court--Leave to appeal was granted by the Supreme Court to consider, whether High Court, in circumstances, was competent to set aside the orders imposing penalties upon the respondents. (b) Provincial Employees' Social Security Ordinance (X of 1965)--- ----S. 2(30)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by the Supreme Court to consider, whether allowances such as Atta subsidy, Cloth allowance, Cost of meal, Efficiency award, Long service award, Jersy and uniform allowance, Washing allowance and Cycle allowance, constituted "wages" within the definition of the expression as given in S.2(30) of Provincial Employees Social Security Ordinance, 1965. (c) Provincial Employees' Social Security Ordinance (X of 1965)--- ----S. 2(30)---"Wages"---Definition---Essential and prerequisite for payment of wages is rendering of service or at least availability of employee at disposal of employer for service---Definition of word "wages" as given in the Ordinance by including payments made by employer in respect of any period of illegal lock-out or legal strikes has given effect to the principle that during these periods. employee must be deemed to be available for service with employer- --Definition of "wages" accords statutory status to such payment as if such were included in every contract of service---Definition of "wages" cannot be extended to include therein every payment made by employer to employee---Ex gratia payment by employer for well-being of his employees or charitable grant for marriage of employee's children or scholarship for their education will not be covered by the definition of "wages". Sindh Employees' Social Security Institution v. Dawood Cotton Mills Ltd. PLD 1977 SC 177 and Messrs Consolidated Sugar Mills Ltd. v. Sindh Employees' Social Security Institution PLD 1991 SC 862 fol. (d) Provincial Employees' Social Security…

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