| Case ID |
20b7ee16-5373-4387-9147-af4feb9b295a |
| Body |
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| Case Number |
SG-2300 and SG-3496 of 2010 |
| Decision Date |
Mar 09, 2011 |
| Hearing Date |
Mar 09, 2011 |
| Decision |
The appeals were accepted, and the impugned order of the Punjab Labour Court was set aside. The Labour Court had erred in dismissing the grievance petitions, as the appellants had attained permanent status as workmen after serving the mandatory period. The Public Health Engineering Department had no legal authority to de-regularize the services of the employees who were regularized by the District Council. The principle of locus poenitentiae was applicable, and the employees were entitled to back benefits. |
| Summary |
This case revolves around the de-regularization of employees who were initially appointed as 'work charged employees' by the Public Health Engineering Department (PHE) and later regularized by the District Council Jhang. The employees contested their de-regularization, arguing that they had attained the status of permanent workmen after serving the mandatory period. The Labour Appellate Tribunal ruled in favor of the employees, emphasizing the legal validity of their regularization by the District Council and the lack of authority of the PHE to reverse this decision. The ruling highlights principles of natural justice and the importance of adhering to proper legal procedures in employment matters, particularly in the context of labor rights and employee protections under the Punjab Industrial Relations Act and the Standing Orders Ordinance. This case underscores the necessity for employers to follow due process when altering the employment status of their workers, thereby safeguarding the rights of employees against arbitrary actions. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Public Health Engineering Department,
District Council Jhang
|
| Judges |
ABDUL HAFEEZ CHEEMA
|
| Lawyers |
Ch. Munawar Ahmed Javed,
Mirza Inayat Muhammad,
Muhammad Javed Akhtar,
Syed Asif Ali Shah
|
| Petitioners |
Syed IJAZ ALI SHAH,
Qaiser Saleem
|
| Respondents |
EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING DIVISION, JHANG
|
| Citations |
2011 SLD 1653,
2011 PLC 351
|
| Other Citations |
2009 SCMR 1161,
PLD 2000 SC 50,
PLD 1979 Lah. 699,
PLD 1998 Kar. 180
|
| Laws Involved |
Punjab Industrial Relations Act,
Industrial and Commercial Employment (Standing Orders) Ordinance,
General Clauses Act
|
| Sections |
33,
47,
1(b),
12(3),
15,
21
|