MPLOYEES OLD-AGE BENEFITS BEHFORE THE BOARD OF TRUSTEES, E INSTITUTION (EOBI) KARACHI. OBI Appeal No. /2016. M/s Ali Glass Industries (Pvt) Ltd. A-26, S.L.T.E. Karachi APPELLANT. VERSUS RESPONDENT. 1, ADJUDICATING AUTHORITY = Ill RESPONDENT. 2. REGIONAL HEAD EOBI HASSANABDAL REGION. EMPLOYEES’ OLD-AGE BENEFITS INSTITUTION APPEAL UNDER SECTION 35 OF EOB ACT 1976 AGAINST THE DECISION OF pl 2122 DATED 14-06-2019 RESPECTFULLY SHEWTH Being aggrieved and dissatisfied to the extent of impugned decision No.23-E-HDFOG 2017-18/2112 dated 14-06-2016 and impugned show cause notice dated 17-03-2016, the appellant prefers this appeal on the following facts and grounds:-—-. GROUNDS 1. That the adjudication authority camp at Hassababdal Region has dist the complaint merely in the absence of the appellant without taking into consideration the merits of the case therefore, the impugned order is not issed sustainable on this score alone. 2. That the impugned order is violative of Article 10-A of the Constitution of Islamic Republic of Pakistan 1973 as well as principles of natural justice. 3. That the demand notice was iMlegal, unlawful and un-justified. The assessment was not properly made and the relevant record was not examined before assessing strength of employees and their contribution. ‘The Adjudieating Authority has failed to take notice of the same 4. That the appeliant has been depositing the contribution of employees documents and evidence of payment attached. 5. That the impugned order and the demand notice is arbitrary, perverse, fanciful, capricious and whimsical. 6. That the impugned order as well as the demand notice are against the law and facts of the case, therefore, are not sustainable. 7. That the further grounds will be state and provide at the time of hearing of this appeal would be allow at that time. PRAYER itis, therefore, respectfully prayed that this appeal may be allowed and the impugned order dated 14-06-2019 passed by Adjudicating Authority (Respondent No. 1) as well as the demand notice of respondent No. 2 be set-aside and case may please be recommended the respondents directing to respondent for correct aesesement of contribution payable by the appellant and unattached warehouses of PPELLANT Ali Glass Industries (Private) Limited, A-26, S.L-T.E., KarachiFACTS. That the appellant is a Company incorporated under the companies Ordinance and engaged in the business of manufacturing and subsequent sale of glass and duly registered with EOBI ON 20/05/1984 bearing Code No. BA. . That the impugned decision was not served properly. However it was made available during the course of proceedings. That the learned Adjudicating Authority in his impugned order show a demand of Rs. 3,074,544/- (Rupees Three Million Seventy Four Thousand Five Hundred Forty Four Only) to the appellant as arrears payable towards contributions including 2% statutory increase pre month. That the appellant assailed the said order before the Adjudicating Authority (Respondent No. 1) with the assertion that the assessment was made by the respondents on the higher side without examining the relevant record. The Adjudicating Authority had arbitrarily dismissed the complaint of the appellant in this absence without taking into consideration the merits of the case vide order dated 14/06/2019, hence the appeal against the impugned decision on the following grounds; That feeling aggrieved, the instant appeal is being preferred before this Honorable Board inter alia on the following;BEHFORE THE BOARD OF TRUSTEES, EMPLOYEES OLD-AGE BENEFITS INSTITUTION (EOBI) KARACHI. EOBI Appeal No., /2016. M/s Ali Glass Industries (Pvt) Ltd. A-26, S.1.T.E. Karachi APPELLANT. VERSUS 1. ADJUDICATING AUTHORITY — III RESPONDENT. 2. REGIONAL HEAD EOBI HASSANABDAL REGION. RESPONDENT. EMPLOYEES’ OLD-AGE BENEFITS INSTITUTION APPEAL UNDER SECTION 35 OF EOB ACT 1976 AGAINST THE DECISION OF PETITION NO. 23-£-HSDOF 2017-18/2122 DATED 14-06-2019 INDEX [sno.[DescRIpTION——___[___ANNEXURE | «| Memo-F appea! with grounds of appeal (in duplicate) z Affidavit a + | ipugned Decision No28-E-HS00F ; | 2017-18-2112 appeal against Teter of Author ion to represent the appeal. a4 S | 5 Contrib’ on payments slips x : ‘APPELLANT ‘Through wthorized Representative $3 LNBEHFORE THE BOARD OF TRUSTEES, EMPLOYEES OLD-AGE BENEFITS INSTITUTION (EOB!) KARACHI. APPEAL NO,. OF 2016. M/s All Glass Industries (Pvt) utd. A-26, S.LT.E. Karachi APPELLANT. VERSUS 4. ADJUDICATING AUTHORITY ~ Il RESPONDENT. RESPONDENT. 2, REGIONAL HEAD EOBI HASSANABDAL REGION. EMPLOYEES’ OLD-AGE BENEFITS INSTITUTION AFFIDAVIT. Manager of Ali Glass Industries (Private) I Syed Sarfraz Haider adult Muslim, s under:- Limited, A-26, S.I.7.E., Karachi, do hereby solemnly state on oath a: 1. That contents of the above said appeal are true and correct to the best of my knowledge and belief andsiothin, been doncealed therein. + DEPONANT2 | Tore topo ofp Talal lol LE] {a toler Ste ALL Gloss Ind. (pvt) Ltd. tassanabdal |» seattmses ree TTT STS) umantoan raloleliss * lolslal Contribution Payment Slip Qe PR.03 (Copy A- For Employer) creepers into NP 6 Fp ssomnce TTT * eye CT Te Tala ls Ta) 1. inp Reisen No 3. tphyer Nane’® 1 Gwebaon Noni) $. No. of faired Porson: alo) 1 Emplove's ef T [6] ®] a1 51S Riawe elses LSTA erp esTT Talal ala) Contribution Payment Slip @ynap PRO (Copy Av For Employer) Se memento Ure 17 9 oe OA Deb Ra 78 Lic Conte cna : | raiewinow me (ATR TSTOTOTET 7+ epee, Ta lolo aon | Ls a iti a ee CLE Temata wo Ae F me = J Secret “=-C00o ett See TIT ole ge PEEL soya 18 pees o ep een memepeet: 1 Mom TTT } - eel Bu ma ° _ aisle os ere OOO ie te aa sr OT fa “Le Ld _ 1 oe 1 Toul ay ‘ nae vetoed Sganture _ Auriga os ‘Peane are overheat for byemnactacn Kceott w hOME Cotes Ae [ECA NA, as ELETTS Aihara Signature _ Authored Slgnstire asec veh fr tssoen|BEFORE THE ADJUDICATING AUTHORITY-IIl EMPLOYEES’ OLD-AGE BENEFITS INSTITUTION Sas (CAMP HASSANABDAL REGION) (1 2017-18/9AjQ ii Glass Industry Private Limited tsicuen Petitioner VERSUS Sas BOBI Regional Office Hassanabdal - Respondent Date of Hearing: 14/06/2019 DECISION This is a complaint under section 33 of the EOB Act, 1976. . Facts of the case are that the complainant being an Establishment impugned the demand of Rs.30,74,544/-issued by the respondent as arrears of payable oe including 02% statutory increase per month for the period from July, 2011 to February, 2015- ‘The complainant/petitioner has assailed the aforesaid demand on the contention that the assessment was made by the respondents on higher side without examining the relevant record, therefore, prayed to set aside the said demand which has been issued arbitrarily. ‘The respondents on the other hand has contested the complaint/petition claiming that the complainan/petitioner did not produce the books of accounts for verification despite multiple visits before the team constituted, therefore the demand in question was raised. The respondents prayed to dismiss the complainit/petition. Theard both the parties and perused comments of the Respondents. After hearing both parties and with their consent it was unanimously concluded that the petitioner shall produce Annual Reports, complete wages salary record and other relevant record to the commission appointed by this authority and the commission shall submit report after examining the complete record relating to the employees of the complainanvpetitioner for the disputed amount. Resultantly, a commission was constituted accordingly on 17/1072018but the record was not produced before the commission. Today on 14-06-2019, complainant/petitioner did not appear before this authority. The complainant/petitioner are not serious to press this petition and seem interested to linger on the matter using delaying tactics Keeping in view the aforementioned facts, circumstances and examining the available record, this authority is of the opinion that the impugned demandRs.30,74,544/-as claimed by them which are hereby determined. The instant compliant is hereby dismissed. Respondents shall recover the amount of Rs.30,74,544/-from the complainant/petitigher w/s 83 of the Land Revenue Act, 1967, Given under my hand and seal of this Authority on 14" ung 2019. HABIB URREHMAN ADJUDICATING AUTHORIY-ILPROD (Copy A Meni j ts Ta tn To To Te Yi tnpiner' Nome LAL Gase Thduated aon Nini) Now_X] 1 ppt oan n lars Jit w| Il t te Dinah A @) nae ee 229125 ye) Ltd Maw wT | |et, tel Hs yf f/ AL boas BOARD RESOLUTION HELD ON 20.06.2019 AS, the management of the Company intends to file a ape: before the Honorable Board of Trustees of Employees’ Old Age Benefit Institution (EOBI) against the decision passed by the competent authority of the EOBI, therefore it has been resolved as under: “RESOLVED that Mr. Sarfraz Haider Shah Manager Corporate Affairs of M/s Ali Glass Industries (Pvt.) Limited bearing CNIC # 4220 ‘9928988-7 be authorized to engage counsel on behalf of the Company to file the Appeal before the Honorable Board of Trustees of Employees’ Old Benefit Institution FURTHER RESOLVED that Mr. Sarfraz Haider Shah Mar Corporate Affairs is authorized to submit documents in this behalf duly signed by him on behalf of the Company.” Certified that the content of this resolution have beem incorporated in the minutes books of the company for... ALI GLASS INDUSTRIES (PVT.) LIMITED SHR, } Ae Ker Director ALI GLASS INDUSTRIES (Pvt.) Ltd. GUNJ GLASS WORKS Ltd. O711 Corporate office: Gunj Studio Rawalpindi: Lahore office: Prot #50, St #12, IK Centre, F-ATaN11,Nargs Plaza, E-318m, Saman Burg Colony 6.8/1, Off Kashmir Highaay, (Opp Survey of Pakistan, Near Bhullah Chowk, Tolamabad Mutree Road Faizabad Rawalpind Johar Town Lahore “el #02-51-8742482:84 Tel #92-51-4575602 Tel: +02-42-95222008 E-mail corporate @guniglass.com E-mail: sales-rwp@gunigiass.com E-mail sales@gunjgiass com Head Office: Al25, STE, Karachi Tet +02-21-32419522 Fax 021-32414862 E-maikinfo@qunjglass.com E-mail. gun]_ali@hotmall.com