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PUNJAB EMPLOYEES\\\' SOCIAL SECURITY INSTITUTION versus ZULFIQAR ALI

ections Sections 57 and 59 - Punjab Office of the Ombudsman Act (X of 1997), Sections 3 and 9 - Constitution of Pakistan, Article 199 - Constitution petition remedy alternative mb Ombudsman, jurisdiction - Social Security Institute responsible for collecting social security The contribution from the industrial and commercial organizations by the workers - Establishment on the demand notice issued by the Institution was upset and demanded before the provincial Ombudsman - if the Ombudsman's recommendations / decisions were correct on merit And by law, they were obliged to enforce the jurisdiction of the High Court in the constitutional jurisdiction but Was left that appropriate treatment can be delayed on the grounds that the establishment - the Ombudsman had no jurisdiction. Raising the Complaint and Investigating It as Relating to the Commitment of Substance Provisional treatment was available to the Establishment under section 557 of the Provincial Employees Emplo Social Security Ordinance, 1965. Provincial Employees \\\ Section 57 of the Social Security Ordinance 1965 was a complete exercise by the Establishment and orders passed by the Ombudsman to disregard the legal action. With no jurisdiction and no guarantees of fundamental rights under the Constitution - the institution could not be compelled to enforce the Ombudsman's order because these powers were without jurisdiction and were set aside. In the circumstances constitutional petition was allowed, [pp. 468, 469] B&C

P L D 2017 Lahore 457

Before Jawad Hassan, J

PUNJAB EMPLOYEES' SOCIAL SECURITY INSTITUTION—Petitioner

versus

ZULFIQAR ALI and 2 others—Respondents

Writ Petition No.21987 of 2014, decided on 28th February, 2017.

(a) Punjab Office of the Ombudsman Act (X of 1997)—

—Ss. 3 & 9—Ombudsman—Cognizance, taking of—Scope—Punjab Ombudsman may take cognizance of any matter and undertake any

investigation into any allegation of maladministration on the part of any agency or its officers or employees. [p. 465]. A

(b) Provincial Employees' Social Security Ordinance (X of 1965)—

—Ss. 57 & 59—Punjab Office of the Ombudsman Act (X of 1997), Ss. 3 & 9—Constitution of Pakistan, Art. 199—Constitutional petition— Alternate remedy—Ombudsman, jurisdiction of—Social Security Institution was responsible for collecting social security contributions from industrial and commercial establishments on behalf of the workers—Establishment was aggrieved of the demand notice issued by the Institution and assailed the same before Provincial Ombudsman who set aside the demand notice—Validity—If recommendations/ decisions of Ombudsman were correct on merit and in accordance with law, the same were liable to be implemented even by invoking jurisdiction of High Court under its Constitutional jurisdiction but the same could be deferred on the ground that appropriate remedy had been skipped, which the establishment had done—Provincial Ombudsman had no jurisdiction to take up and investigate the complaint as it pertained to determination of contribution for which alternate remedy was available to Establishment under S.57 of Provincial Employees' Social Security Ordinance, 1965—Entire exercise by Establishment to bypass statutory remedy under S.57 of Provincial Employees' Social Security Ordinance, 1965, and orders passed by Ombudsman were without jurisdiction and against Fundamental Rights guaranteed underm the Constitution—Institution could not be compelled to implement order passed by Ombudsman as the same were without jurisdiction and were set aside—Constitutional petition was allowed in circumstances, [pp. 468, 469] B & C

Nestle Milkpak Limited v. Judge, Social Security Court, Lahore and 2 others 2016 PLC 261; Mayfair Spinning Mills Limited v. Punjab Employees Social Security Institution 2002 PLC (CS) 1146; Chakwal Textiles Mills Limited, Rawalpindi Road Chakwal and another v. Director Social Security, Rawalpindi and 2 others 2012 PLC 270; Naveed Ulah Khan Bhatti v. Director, Punjab Employees' Social Security Institution and 2 others 2006 PLC 593; Sohail Bin Rashid v. Secretary, Revenue Division 2005 PTD 1390; Peshawar Electric Supply Company Ltd. v. Wafaqi Mohtasib (Ombudsman) Islamabad PLD 2016 SC 940; Khalil Ahmed Awan v. Secretary, Ministry of Interior 2015 PLC (CS) 1357; Rashida Bibi v. Border Area Committee 2004 PLD Lah. 86; Faisal Sultan v. E.D.O. (Education) and others 2011 PLC (CS) 419; Azizullah Memon v. Province of Sindh and another 2007 SCMR 229; Muhammad Haleem and another v. General Manager (Operation) Pakistan Railways Headquarter, Lahore and others 2009 SCMR 339;

Sharafat v. Additional Sessions Judge/Justice of Peace 2015 PCr.LJ 1758; Abdul Fatah Bhutto v. Election Commission of Pakistan through Secretary 2014 CLC 639; Abdul Khaliq Mandokhel v. Chairman, Balochistan Public Service Commission 2016 PLC(CS) 1184; Falak Niaz v Amal Din 2016 YLR 2047; Sabz Ali Khan v. Inspector General of Police KPK 2016 YLR 1279; Cantonment Board Clifton v. Sultan Ahmed Siddiqui 2016 CLC 919 and Federation of Pakistan v. Asad Javed PLD 2016 Isl. 53 ref.

Muhammad Numan Aslam Raza for Petitioner.

Hafiz Abdul Rehman for Respondent N o.l.

Ashfaq Ahmad Kharral, Assistant Advocate-General.

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