The Industrial Relations Advisers,

Management & Labour Laws Consultants

 

Room 3, 1st floor, Falaknuma Building, Near The Laboratory & Haroon Radio, Abdullah Haroon Road, Karachi

Phone: 32727266 & 32729770 Fax: 32729770 (S M Iqbal)  Email: iqbalblund@hotmail.com 

 

 

By Registered Post

 

                                                                                                                                                              22-06-2011

 

The Commissioner,

BESSI

Labour Complex

Saryab Road, 

Quetta.

 

Sub: Abuse of the law

 

Dear Sir,

 

                        In connection with the above we would like to draw your attention as explained below for taking appropriate corrective action.

 

Abuse of the Land Revenue Act, 1967 by the Officials of the Institution

 

1-                                 Section 13(2) of the EOB Act, 1976 provides due amount may be “recovered as arrear of land revenue” Identical provision is also contained in Section 23(2) of the P.E. Social Security Ordinance, 1965. It may be noted that similar provisions are contained in several other laws and recoveries to be made under the court orders/decisions but it does not mean that such departments bodies/court themselves have the powers of the Collector under the Land Revenue Act, 1967. All it means that the matter would be finally referred to the Collector under the Land Revenue Act, 1967 being special law for recovery of the amount as arrear of land revenue using the powers and procedure prescribed under it. It is is a principle of law that when there is a special law on any matter it should be followed as provided by it.     

 

2-                                                                  This matter went before the Sindh High Court in the case of M/s Exact Private Ltd. reported at 2009 PLC (C.S.) 799 which elaborately held that the officials of SESSI do not have the powers under the Land Revenue Act, 1967 and when finally the amount is determined under the procedures/steps provided by the P.E.S.S. Ordinance, 1965 the matter of recovery be referred to the Collector under the Land Revenue Act, 1967 to use elaborate procedure provided by chapter VIII of the Land Revenue Act, 1967. Since as mentioned above the provision in the EOB Act, 1976 and P.E. Social Security Ordinance, 1965 are identical this decision of the High Court fully applies to the both laws. The officials of the Social Security and the Provincial Social Security Institutions have managed to get them notified as Collector Grade-I under the Land Revenue Act, 1967. In view of the said decision of the High Court all such notifications are invalid, and illegal. The officials of these Institutions misuse and abuse the Land Revenue Act, 1967 to harass and blackmail employers with malafide intentions. We expect that decision of the High Court shall be followed in it’s letter and spirit and both the Institutions would stop forthwith issuing notices and use threat of the action under the Land Revenue Act, 1967. However when amount of arrears of contribution is finally determined after exhausting the procedure / steps provided by both the laws, the same may be refereed to the Collector under the Land Revenue Act, 1967 for recovery of the same as per the law.     

 

3-                                                                  We, therefore, request you to please issue promptly necessary order/directive to all your officials to stop issuing notices and using threats of action under the Land Revenue Act, 1967. We have already written similar letter to the E.O.B.I.

 

 

 

Thanking you,

                                                                                                                                     Your’s faithfully,

 

 

 

                                                                                                                                For M/s S.M. Yaqoob

CC to:

      The Secretary Labour,

            Ministry of Labour,

            Govt. of Balochistan

            Quetta.