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Petitioner: DEPUTY DIRECTOR PESSI VS Respondent: Messrs GHAZI FABRICS, INTERNATIONAL LTD.Honorable Justice FALAK SHERMuhammad Mujahid Ahmad,Imtiaz Rashid Siddiqui
2004 P L C 153
2004 P L C 153
[Supreme Court of Pakistan]
Present: Falak Sher and Karamat Nazir Bhandari, JJ
DEPUTY DIRECTOR PESSI and others
Versus
Messrs GHAZI FABRICS, INTERNATIONAL LTD. and others
Civil Petitions Nos.905/L to 913-L of 2002, decided on 4th February, 2003.
(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).
Provincial Employees Social Security Ordinance (X of 1965)-----
----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.
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.
JUDGMENT
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.