| Case ID |
16b35611-46c4-4af1-8f29-60aec13abebd |
| Body |
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| Case Number |
Civil Appeals Nos. 1412 to 1414 of 1999 |
| Decision Date |
Oct 01, 2001 |
| Hearing Date |
Oct 01, 2001 |
| Decision |
The Supreme Court dismissed the appeals filed by the Government of Punjab against the findings of the Labour Court and the Labour Appellate Tribunal, which had determined that the employees had assumed the status of permanent workmen after serving continuously for more than 90 days. The findings were upheld based on the uninterrupted continuity of their service, evidenced by the non-deduction of salaries on holidays. The Court found no legal infirmity in the High Court's judgment that upheld the lower courts' decisions. The appeals were dismissed with no costs. |
| Summary |
This case revolves around the employment status of workers in the Irrigation Department who were initially hired on a temporary basis but claimed permanent status after serving for more than 90 days. The Supreme Court of Pakistan upheld the concurrent findings of the Labour Court and the Labour Appellate Tribunal, which ruled that these employees had become permanent workmen under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The case highlights the importance of recognizing the rights of employees in Pakistan and establishes a precedent regarding the determination of employment status based on continuous service. Key aspects include the legal interpretations of employment contracts, the implications of uninterrupted service, and the protections afforded to workers under labor laws. The decision reaffirms the courts' role in safeguarding labor rights and ensuring compliance with statutory provisions. This case serves as a significant reference for similar employment disputes in Pakistan. Keywords: employment status, permanent workmen, labor rights, Supreme Court of Pakistan, labor laws, West Pakistan Industrial and Commercial Employment Ordinance, legal precedents. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASAN KHAN, C.J.,
CH. MUHAMMAD ARIF,
QAZI MUHAMMAD FAROOQ, JJ
|
| Lawyers |
Ch. Arshad Ali, Advocate Supreme Court,
Rao Muhammad Yousaf Khan, Advocate On-Record,
Farooq Zaman Qureshi, Advocate Supreme Court
|
| Petitioners |
GOVERNMENT OF PUNJAB and others
|
| Respondents |
PUNJAB APPELLATE TRIBUNAL, LAHORE and others
|
| Citations |
2002 SLD 1832,
2002 PLC 887
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
1(b),
12
|