Legal Case Summary

Case Details
Case ID 0022855e-5463-4417-aadf-d24b2334b58c
Body View case body.
Case Number Civil Petitions Nos.720 to 730 of 2006
Decision Date Aug 22, 2006
Hearing Date
Decision The Supreme Court dismissed the petitions against the judgment of the Federal Service Tribunal, affirming that the respondents, who had been appointed as temporary labor in the Electric Traction Department of Pakistan Railways, were entitled to regularization of their services. The Court recognized that the posts held by the respondents were permanent and that they had performed their duties continuously for a considerable period. The Service Tribunal's decision to regularize their services was upheld as being legitimate and in line with the policy governing the railway department. The Court highlighted that the respondents were indeed working against permanent posts, thus validating their claims for regularization. Consequently, the petitions were dismissed and leave was refused.
Summary In the case of Civil Petitions Nos.720 to 730 of 2006, the Supreme Court of Pakistan addressed the issue of regularization of services for employees of the Electric Traction Department of Pakistan Railways. The respondents, who had been working as temporary laborers filling water in train coaches from 1983 to 1999, sought regularization after years of service. The Court found that the posts occupied by these employees were permanent and that they had a legitimate right to seek regularization under the Constitution of Pakistan, 1973, specifically Section 212(3). The judgment emphasized the importance of recognizing the continuous service of employees and the necessity for public sector entities to adhere to their own policies regarding employment stability. The decision reinforced the principle that long-serving employees should not be left in a state of uncertainty regarding their employment status, thereby promoting job security in the public sector. This case serves as a significant precedent for similar cases involving regularization of services, highlighting the judiciary's role in protecting the rights of employees against arbitrary employment practices.
Court Supreme Court of Pakistan
Entities Involved Pakistan Railways, Federal Service Tribunal
Judges IFTIKHAR MUHAMMAD CHAUDHRY, C.J., ABDUL HAMEED DOGAR, MUHAMMAD NAWAZ ABBASI
Lawyers Faiz-ur-Rehman, Advocate Supreme Court
Petitioners others, CHAIRMAN, PAKISTAN RAILWAYS
Respondents others, ARIF HUSSAIN
Citations 2008 SLD 1216 = 2008 PLC 240
Other Citations Ikram Bari v. National Bank of Pakistan 2005 SCMR 100
Laws Involved Constitution of Pakistan, 1973
Sections 212(3)