Law:

Section:

Employees' Old-Age Benefits Act (XIV of 1976)------Ss. 4(2), 9-B, 12(3), 33 & 35---Employees' Old Age Benefits (Contribution) Rules, R.2(c)---S.R.O. 1277(I)/81, dated 3-11-1981---Constitution of Pakistan (1973), Art.199---Constitutional petition---Levy and recovery of amount of contribution---Ex parte order for payment of Rs.38,600 from July, 1986 to December, 1991 was passed against petitioner-company and subsequently statutory increase of an amount of Rs.69,300 was levied---Authorities resorted to the recovery of said amount under West Pakistan Land Revenue Act, 1967 as arrears of land revenue---Petitioner had sought setting aside of said order passed against it including warrants of arrest and attachment order---First and second appeals 'filed by petitioner, having been dismissed, it had filed constitutional petition---Scope---Petitioner had alleged that claim of disputed amount by authorities was on the basis of ex parte order and no record was available with the authorities in this regard---Assessment against petitioner was also alleged to be without any inquiry and without examination of record---Petitioner further contended that powers and functions under Employees' Old-Age Benefits Act, 1976 were to be exercised by the institution which for the purpose of said Act was State Life Insurance Corporation and assessment of contribution could only be made or determined under Insurance Act, 1938 that any assessment of levy of contribution by any Authority, except State Life Insurance Corporation was without jurisdiction and not enforceable under law---Validity---Contention of petitioner that State Life Insurance Corporation, was the Authority to exercise powers, had no force; firstly because nomination of State Life Insurance Corporation had been withdrawn through S. R. O.1277(I)/81, dated 3-11-1981; secondly petitioner was paying contribution as assessed and determined by the said Authority from December 1999 onward---Sufficient evidence .was available on record to show that numerous opportunities were provided to petitioner to produce record before concerned officials, which were not availed---Even otherwise assessment under S.12(3) of Employments'…

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