2004 PLP 153 (PLC)
DEPUTY DIRECTOR PESSI and others Versus Messrs GHAZI FABRICS, INTERNATIONAL LTD. and others
| Citation | 2004 PLP 153 (PLC) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Falak Sher and Karamat Nazir Bhandari, JJ |
| Parties | DEPUTY DIRECTOR PESSI and others Versus Messrs GHAZI FABRICS, INTERNATIONAL LTD. and others |
| Primary Law | Provincial Employees Social Security Ordinance (X of 1965) |
Q1: What are the key laws and sections cited in 2004 PLP 153 (PLC)?
This judgment primarily cites: Provincial Employees Social Security Ordinance (X of 1965) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 153 (PLC)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Falak Sher and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 153 (PLC) (DEPUTY DIRECTOR PESSI and others Versus Messrs GHAZI FABRICS, INTERNATIONAL LTD. and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Mujahid Ahmad, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners in Civil Petitions Nos.905/L to 907/L, 912/L and 913/L of 2002.
- Imtiaz Rashid Siddiqui, Advocate Supreme Court for Respondent No. 1 (in Civil Petitions Nos.905/L to 907/L 912/L and 913 /L of 2002).
- Date of hearing: 4th February, 2003.
Headnotes / Summary
(On appeal from the judgment dated 14-1-2002 passed by the Lahore High Court Lahore in FAOs Nos.384, 387, 388, 389, 390, 391 and 394 of 2001).
S.23(1)
Punjab Employees Special Allowances (Payment) Act (II of 1989), S.8
Constitution of Pakistan (1973), Arts. 25 & 185(3)--Increased demand for failing to pay contribution on payments made under Punjab Employees Special Allowances (Payment) Act, 1989-- Employer in his complaint alleged such demand being discriminatory for having exempted from penalty those, who had availed of judicial remedy
Order of Social Security Court dismissing such complaint was set aside, by High Court in appeal
Validity--Such criteria would hardly constitute reasonable classification permissible under Art. 25 of the Constitution
Supreme Court dismissed petition and refused leave to appeal. Shamas Textile Mills Ltd. and others v. The Province of Punjab and 2 others 1999 SCMR 1477 ref.
Judgment & Decree
FALAK SHER, J.
We propose to dispose of Civil Petitions for I leave to appeals Nos.90S to 913-L of 2002 having commonality of facts and law and stemming out of the same judgment of a learned Judge of the Lahore High Court, Lahore dated 14-1-2002, granting the respondents F.A.O's setting aside the order of Judge Social Security Court dated 1-11-2001, turning down the respondents complaint, grudging against imposition of increased demand under section 23(1) of the Punjab Employees Social Security Ordinance, 1965 in the nature of penalty for failure to pay contribution on the payments made under the Punjab Employees Special Allowance (Payment) Act, 1988 vires whereof was upheld in the case of "Shamas Textile Mills Ltd. and others v. The Province of Punjab and. 2 others (1999 SCMR 1477) being discriminatory", having exempted from penalty those respondents who had availed of judicial remedy present petitions have been re-coursed.
2. Which we are afraid are misconceived since the banked upon criteria hardly constitute reasonable classification permissible under Article 25 of the 1973 Constitution and are accordingly dismissed declining leave. S.A.K./D-35/S Leave refused.