LHC sets aside three Punjab govt notifications

Petitioners say provisions of Employees Social Security Ord made ineffective

LAHORE:

The Lahore High Court (LHC) has warned the provincial government that legislative command deserves deference and no indulgence can be shown by extending protection to notifications that offend the mandate of the law.

LHC Justice Asim Hafeez declared illegal and set aside three notifications of the Punjab government regarding social security contribution.

The petitioners had challenged the notifications, contending that core provisions of the Provincial Employees Social Security Ordinance, 1965 had been made ineffective.

"I refrain from attributing any mala fide to the government for not performing its functions, though delay caused in performance of obligations has inflicted harm to the class of employees," the judge observed.

Justice Hafeez observed that the situation could be cured either by exercising powers in terms of Section 71 of the ordinance or amending the law, if the benchmark had to be linked with minimum wages — incidentally cure through notifications was not a solution but an attempt seeped in illegality.

He observed that the judicial review jurisdiction could not be stretched to address the situation.

"Miseries of the employees can be addressed upon prompt action by the government. Courts cannot compensate for an apparent inaction on the part of the government in guise of interpreting a beneficial legislation," the court observed.

The counsel for petitioners argued that the contribution was solely determinable on the basis of wage notified by the government in terms of Section 71 and not otherwise; notwithstanding fixing of minimum wages under any other dispensation, be it the Punjab Minimum Wage Act 2019 or otherwise.

The counsel contended that invalidity of the notifications was an obvious consequence if sections 2(f), 20 and 71 of the ordinance were strictly enforced.

A counsel submitted that the notification of September 20, 2024 and those preceding it had been issued in accordance with Rule 4(3) of the Provincial Employees Social Security (Contributions) Rules, 1966, emphasising that determination of minimum wages, notwithstanding the nomenclature of statutes, provides legitimate basis for determining payable contribution.