West Pakistan Employees Social Security Ordinance 1965 Section 64 Contributing Employees During the Question to the Social Security Court Making Alternative Arrangements to Provide Essential Benefits to Employees While these owners have the obligation to pay contributions, in view of alternative arrangements. But the order does not indicate that such alternative arrangements existed to the satisfaction of the Social Security Institution Order of the Social Security Court and to provide evidence to the parties to look into the aforementioned aspect of the case. The case was remanded for permission.
1987 P L C 623
[
Karachi
High Court]
Before Saeeduzzaman Siddiqui, J
SIND
EMPLOYEES' SOCIAL SECURITY INSTITUTION
Versus
Messrs
PAKISTAN
STEEL FABRICATING Co. Ltd.
Miscellaneous Application No.19 of 1982, decided on 23rd December, 1986.
West Pakistan Employees' Social Security Ordinance (X of 1965)‑‑ ‑‑‑S.64‑‑Contribution‑‑Arrears‑‑Employer making alternative arrange ment for affording necessary benefits to employees during period in question‑‑Social Security Court although holding that employer, in view of alternative arrangements, was not liable to pay contribution yet its order not showing that existence of such adequate alternative arrange ment was to the satisfaction of Social Security Institution‑‑Order of Social Security Court set aside and case remanded for allowing parties to lead evidence to look into the said aspect of the matter.
Koh‑e‑Noor Chemical Company Limited v. Sind Employees' Social Security Institution P L D 1977 S C 197 ref.
S.A. Sarwana for Appellant.
Hassan Ahmad Jafri for Respondent.
Date of hearing: 23rd December, 1986.
JUDGMENT This appeal under section 64 of the Sind Employees' Social Security Ordinance, 1965 is filed against the order of the Social Security Court No.l Karachi, dated 20th February, 1982, whereby the learned Court reversed the order of Social Security Commissioner and held that the respondents were not liable to pay the contribution for the period from June 1980 to March 1981 as they had provided fulfledged medical facilities to its workers during this period. In arriving at the above conclusion the learned Social Security Court relied on the observation of Supreme Court in the case of Koh‑e‑Noor Chemical Company Limited v. Sind Employees' Social Security Institution P L D 1977 S C 197. There is clear observation by the Supreme Court in the above case to the effect that arrears of contribution may not be realised from an employer for the period during which he had made alternative arrangement for affording necessary benefits to the employees and had made a contribution in that behalf at least equal to the rate prescribed under the Ordinance and the rules and regulation framed thereunder. However, the learned counsel for the appellant urges that the above observation by the Supreme Court in Koh‑e‑Noor Chemical's case is subject to the rider that existence of such adequate alternative arrangement must be established to the satisfaction of the Social Security Institution as is apparent from the passage at page 211 of the report in that case which is reproduced at page 3 of the impugned order. According to learned counsel for the appellant the impugned order does not show that this aspect of the case was considered by the tribunal below. After reading the order of Social Security Court as well as that of the Commissioner Social Security I am satisfied that this important aspect of the case was not adverted to by the tribunal below. I accordingly accept this appeal set aside the order of the Social Security Court No.1 and remand the case back with the direction that the parties may be allowed to lead evidence to establish whether for the period from June 1980 March 1981 the medical facilities provided by the respondent to its employees were in accordance with observation of the Supreme Court in the case of Koh‑e‑Noor Chemical Company Limited. In the circumstances of the case there will be no order as to costs.
M.Y.H./S‑26/K
Case remanded.
