| Case ID |
2039565c-de05-4d2a-8535-d735d8efbf0f |
| Body |
View case body. Login to View |
| Case Number |
Civil Petitions Nos.367-L to 370-L, 386-L to 388-L |
| Decision Date |
Oct 22, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitions for leave to appeal filed against the High Court's decision that allowed the grievance petitions of work-charged employees for regularization of their services. The Labour Court found that the employees had served continuously for several years and were entitled to regularization based on the nature of their duties. The Supreme Court upheld the findings of fact recorded by the Labour Court and the High Court, emphasizing that the question of whether these employees qualified as civil servants was not adequately raised by the petitioner department. The impugned judgment was deemed correct, and the petitions were dismissed as not warranting interference. |
| Summary |
This case revolves around the regularization of work-charged employees in the Punjab Irrigation and Power Department. The Supreme Court of Pakistan upheld the decision of the Lahore High Court, which had previously allowed the grievance petitions of the employees seeking regularization of their services. The Labour Court had determined that the employees, having served continuously from 1987 to 2000, were entitled to be regularized based on their length of service and the responsibilities they undertook. The court ruled that the department's claims regarding the employees' status were not seriously contested at the appropriate time, leading to the conclusion that the Labour Court's findings should not be substituted by the Supreme Court. The decision underscores the importance of recognizing continuous service and the rights of employees within the framework of the Industrial Relations Ordinance, 2002. Keywords: regularization of service, work-charged employees, Supreme Court of Pakistan, Labour Court, grievance petition, legal rights of employees. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
SYED SAKHI HUSSAIN BOKHARI,
SHEIKH HAKIM ALI
|
| Lawyers |
learned Additional Advocate-General, Punjab,
learned counsel for the respondents
|
| Petitioners |
and others,
MUHAMMAD AKHTAR
|
| Respondents |
and others,
SECRETARY, IRRIGATION and POWER DEPARTMENT GOVERNMENT OF PUNJAB
|
| Citations |
2009 SLD 1610,
2009 SCMR 320
|
| Other Citations |
Ikram Bari v. National Bank of Pakistan 2005 SCMR 100,
Muhammad Asim v. Telecommunication and others 1997 PLC (C.S.) 1131
|
| Laws Involved |
Industrial Relations Ordinance, 2002,
Constitution of Pakistan, 1973
|
| Sections |
2(xxx),
46,
48,
212(3),
2
|