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Petitioner: RAVI RAYON LIMITED, KALA SHAH KAKU VS Respondent: DIRECTOR (C&B), PUNJAB EMPLOYEES' SOCIAL SECURITY INSTITUTION, LAHORE
1993 P L C 1016
1993 P L C 1016
[Lahore High Court]
Before Munir A. Shaikh and Khalid Paul Khawaja, JJ
RAVI RAYON LIMITED, KALA SHAH KAKU
Versus
THE DIRECTOR (C & B), PUNJAB EMPLOYEES' SOCIAL SECURITY INSTITUTION, LAHORE
FA.O. No. 55 of 1984, heard on 15th June, 1993.
West Pakistan Employees' Social Security Ordinance (X of 1965)‑‑‑
‑‑‑‑Ss. 2(30), 20 & 64‑‑‑Shift allowance and conveyance allowance as part of wages‑‑‑Shift allowance was paid to such of those employees who were required to work in the night and in consideration of their working at abnormal hours‑‑‑Said allowance was being given to employees in relation to labour which they put and a.‑ such shift allowance was part of wages regarding social security contribution which was required to be paid‑‑‑As regards conveyance allowance, matter required further inquiry as to whether same was allowed to every employee in pursuance of agreement or contract of service whether express or implied or same was allowed as ex gratia.
National Embroidery Mills Ltd. and others v. Punjab Employees' Social Security Institution 1993 SCMR 1201 ref.
Javed Altaf for Appellant.
Iftikhar Ahmad Dar for Respondent.
Date of hearing: 15th June, 1993.
JUDGMENT
MUNIR A. SHAIKH, J: ‑‑In this appeal filed under section 64 of the West Pakistan Employees' Social Security Ordinance, 1965, the only point which requires determination is as to whether shift allowance and conveyance allowance are part of wages of the employees regarding which demand could be raised for social security contribution. The Director through order dated 21‑6‑1983 held that these allowances were part of wages, therefore, the employer was liable to pay social security contribution on the same which view was upheld by the Social Security Court through order dated 1‑3‑1984 by which the appeal filed by the appellant was dismissed.
2. The shift allowance was paid to such those employees who were required to work in the night and in consideration of their working at abnormal hours. The said allowance was given in relation to the labour which they put as such the shift allowance was part of wages regarding social security contribution was required to be made. The appeal to the extent of shift allowance has no merits which is accordingly dismissed.
3. As regards conveyance allowance, the matter requires further inquiry as to whether the same was allowed to every employees in pursuance of agreement of contract of service whether express or implied or the same was allowed ex gratia. The appeal as regards. social security contribution in relation to conveyance allowance succeeds and accepted to that extent. The case is I remanded to the Director to decide the same afresh after holding inquiry in the light of the judgment reported as National Embroidery Mills Ltd. and others v. Punjab Employees' Social Security Institution 1993 SCMR 1201. There will be no order as to costs.
H.B.T./R‑100/L Order accordingly.