Law:

Section:

(a) Companies Ordinance (XLVII of 1984)---S.405---Provincial Employees' Social Security Ordinance (X of 1965), S.23--- Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider Whether the petitioner's claim against the liquidated company in its entirety would be deemed to be included amount debts to be given priority over all other debts; and whether on company's failure to pay on due date, the contributions payable by it under S.23(1) of the West Pakistan Employees' Social Security Ordinance, 1965, the amount so payable by it was liable to be increased by 10 per cent. as envisaged by S.23 of the said Ordinance. (b) Companies Ordinance (XLVII of 1984)--- ----S.405(1)(a)---Provincial Employees' Social Security Ordinance (X of 1965), Ss. 23 & 68---General Clauses Act (X of 1897), S. 28--­Constitution of Employees' Social Security Institution---Recovery of dues on priority basis---Company under liquidation---Official Liquidators treated the amount of contribution as preferential claim--­Validity---Claim of the Institution on preferential basis was brought under S.68 of the Provincial Employees' Social Security Ordinance, 1965, and not on the basis of S.405(1)(a) of the Companies Ordinance, 1984---Provisions of S.405(1)(a) of the Companies Ordinance, 1984, and the provisions of S.68 of the Provincial Employees' Social Security Ordinance, 1965, were not inconsistent but were supplementary and complimentary to S.405(l)(a) of the Companies Ordinance, 1984---Amount claimed by petitioner was rightly accepted by the Official Liquidator on preferential basis--­Appeal was disposed of accordingly. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J.---This judgment will dispose of Civil Appeals Nos.207 and 208 of 1995. 2. In Civil Appeal No.207 of 1995, the impugned judgment is dated 15-6-1994 of a learned Judge in Chamber, Peshawar High Court passed on C.M.A. No.1 of 1992 in Company Claim No-3 of 1990, while in Civil Appeal No.208/ 1995 judgment is of the same date passed in C.M. No.5/1992 in Company Claim No.2 of 1990. 3. The facts relevant for decision of these appeals are that in Civil Appeal No.207 of 1995 the appellant is 'the…

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