' Commissioner, Punjab Social Security Institution has appeared in compliance with the order of this Court dated 17-3-1996.
2. The dispute in this writ petition and Writ Petitions Nos. 9860, 11253, 11376 and 12668 all of 1994 is with regard to the constitution of governing body of the Punjab Employees' Social Security Institution and nomination of its non-official members, who are arrayed as respondents in all these writ petitions. As common questions of facts and law are involved, I propose to dispose of all these writ petitions by this single order.
3. Learned counsel for the Punjab Employees' Social Security Institution (hereinafter referred to as the Institution'), has brought to my notice that the terms of office of all the Members of the governing body who represented the employees and employers have come to an end in the year 1995 and thereafter fresh nominations have not so far been made. The Commissioner of the Institution states that the nominations are too he made by the Government of the Punjab in the Department of Labour.
4. Mr. Muhammad Younus Khan, Advocate, learned counsel for Zaheer Ahtnad Taj, one of the respondents (who was representative of the employees) states that the governing body was suspended by this Court, therefore, the tenure of his client would extend for the period during which the governing body remained suspended in pursuance of the Court's order. The learned counsel further states that although notification was issued by Secretary to Government of Punjab on 15-1- 1992, yet it was published in the Gazette of Punjab on 15th November 1995, therefore, the tenure of the respondent members started from 15-11-1995 when the notification was published in the Gazette of Punjab.
5. Learned counsel for respondent (Zaheer Ahmad Taj) has relied on subsection (3) of section 5 of the Punjab Employees' Social Security Ordinance, 1965 to contend that effective date would be the date when notification was published in the official Gazette dated 15th November, 1995. I am afraid this contention of the learned counsel has no force as subsection (3) of section 5 of the Ordinance does not provide that the notification of the non-official members of the governing body has to be notified in the official Gazette and that it takes effect from the date when it is published in the official Gazette. Section 5(3) reads as follows:-- "Subject to the other provisions of this Ordinance, a Member shall hold office for three years from the date on which his appointment is notified under subsection (1)."
' Subsection (1) of section 5 provides that:-- "The Governing Body shall consist of the following members to be appointed by Government by notification."
6. It is established on record and not controverted by respondent that from 15-1-1992 uptill the time when the Governing Body was suspended by this Court, the respondents were functioning as members of the Governing Body of the Institution with all the powers and privileges. Pervaiz Mehmood Bhutta, Additional Director of the Institution has submitted that as a matter of fact from the date of notification issued on 15-1-1992 the respondent members continued functioning as members of the governing body of the Institution till its functioning was suspended by this Court.
7. In view of the fact that the term of office of the non-official members of the governing body of the Institution has come to an end by efflux of time, the writ petitions have become infructuous and are accordingly disposed of.
8. Before parting with the case I want to bring it to the notice of the Government of the Punjab that the Punjab Employees' Social Security Institution is very important organization in the Province which provides benefits to certain employees and their dependents and administers huge public funds and properties. This Institution is established by the Government under section 3 of the Punjab Employees' Social Security Ordinance, 1965 and is a body corporate having perpetual succession, the management whereof vests in the governing body which consists of official and non-official members. In accordance with section 5 of the Ordinance, 4 members of the governing body represent the Provincial Government, 3 members represent the employees and 3 members represent the secured persons (employees). The members representing employers and the employees are chosen by the Government in accordance with section 5(2) and the Provincial Employees Social Security (Appointment of Members of Governing Body) Rules, 1966. In the present writ petition, nominations/appointments of non-official members representing the employers and the employees were challenged on the main ground that the nominations/ appointments were made by the Government in violation of the relevant law. Needless to say that the Government of the Punjab is bound to follow the law on the subject and make nominations/appointments of all the members of the Governing Body of the Institutions in accordance with section 5 of the Ordinance and the relevant Rules to ensure proper and fair running of affairs of the Institution and achievement of its objectives. Any authority that flouts or disregards law on the subject shall be accountable and shall face legal consequences. The Government' shall, therefore, take immediate steps to complete the constitution of the Governing Body of the Institution in accordance with law, considering the personal merit and integrity of each nominee/ appointee. A copy of this order be sent to the Chief Secretary for compliance.