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Appeal No. 3 of 1974, decided on 30th May, 1975.

--- Ss. 57 & 77 read with Punjab Employees' Social Security (Determi nation of Manner and Time for Deciding Complaints and Disputes and Review of Decisions) Regulations, 1973, Regl. No. 5-Delegation of powers to Director-Commissioner a delegatee from Governing Body of Institute for purposes of deciding cases under S. 57-cannot further delegate his power to Director-Regulation No. 5 of Punjab Regulations, 1973 empowering Commissioner to authorise any Director to exercise his powers-Ultra vices of Ordinance-Order passed by Director, held, legally not sustainable.

The Local Office, Rawalpindi of the Punjab Employees' Social Security Institution raised a demand of Rs. 41,648.32 against the management of Rawalpindi Electric Power Coo. Ltd.. Rawalpindi hereinafter referred to as the REPCO, in respect of increase on contribution for the months of June, 1972 to December, 1972 and July 1973 to November, 1973.

2. The Management felt aggrieved of this demand and filed an applica tion under section 57 of the West Pakistan Employees' Social Security Ordinance, 1965 before the Punjab Employees' Social Security Institution, Lahore challenging the validity and vires of the aforesaid demand.

3. This application of the management of the REPCO was disposed of by Mr. S. N. Balal Ashraf. Director Contribution and Benefits on 6tb May 1974 in the purported exercise of his powers under Regulation No. 5 of the Punjab Employees Social Security (Determination of Manner and Time for Deciding Complaints and Dispute and Review of Decisions) Regulation, 1973. By the said order he disallowed the application of the management of the REPCO files under section 57 of the Social Security Ordinance, 1965.

4. The present appeal has been filed under section 59 ibid against the aforesaid order dated 6th May 1974.

5. I have gone through the relevant records and the learned counsel for the parties have also been heard at a considerable length.

6. Besides challenging the validity of the impugned order on merits the appellant has contended that the Director Contribution benefits was not competent to pass the order under appeal. In that behalf Regulation No. 5 of the Punjab Employees' Social Security Determination of Manner and Time Deciding Complaints and Review of Decisions) Regulation, 1973 needs to be referred to. Regulation No. 5 ibid reads.

"5- The Commissioner may, by an order in writing authorize any other officer not below the rank of Director to exercise the powers of the Commissioner for disposal of complaints under Regulation No. 4."

It is noteworthy that actually by virtue of the provisions of section 57 an application/complaint lies to the Social Security Institution. No doubt according to the section 77 of the Social Security Ordinance, which deals with delegation of powers, the Governing Body may direct that all or any of its powers and functions may in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by the Commissioner or any other officer or authority subordinate to the Institution. This means that by virtue of section 77 ibid the Legislature has authorised the Governing Body to delegate its powers and functions to the Commissioner or to any other officer or authority subordinate to the institution. It is in exercise of these powers that under Regulation No. 4, the Commissioner has been delegated the power of deciding complaints under section 57. The Commissioner in the circumstances is a delegate from the Governing Body for the purpose of deciding complaints/cases under section 57. He being a delegatee cannot further delegate the delegated powers to any other officer, Regulation No. 5 which empowers the Commissioner to authorise any other officer not below the rank of Director to exercise the powers of Commissioner for disposal of complaints under section 57 is therefore clearly ultra vires of section 77 of the Social Security Ordinance, inasmuch as, according to the provisions of section 77 it is the Governing Body which may delegate its powers and functions to the Commissioner or any other officer or authority subordinate to the Institution. The Commissioner under, these provisions cannot delegate the powers of the Governing Body delegated to him to any such officer or authority under Regulation 5, thus being; ultra vires of the Ordinance is a nullity in the eyes of law. The impugned order which has been made by the Director Contribution and Benefits in exercise of his powers under Regulation 5 is therefore also not legally sustainable as the Director, Contribution and Benefits had no jurisdiction; to make the order.

7. In the light of what has been said above, without going into the merits of the case I would accept the appeal, set aside the impugned order dated 6th May, 1974 of the Director. Contribution and Benefits and remand the case to the Punjab Employees' Social Security Institution, Lahore for deciding afresh the application filed by the appellant under, section 57, in accordance with law.

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