| Case ID |
3aa7667a-b041-4b8c-89ff-4fed6f3b228a |
| Body |
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| Case Number |
Writ Petition No. 15656 of 2013 |
| Decision Date |
Mar 05, 2015 |
| Hearing Date |
Mar 05, 2015 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the Punjab Seed Corporation, affirming the findings of the Labour Appellate Tribunal that the employees had attained the status of permanent workmen due to their long-term service against a project of a permanent nature. The court emphasized that the employer's denial to regularize the services of these employees was not permissible under the law, as they had been continuously employed for many years and were entitled to the same benefits as regular employees. The decision reinforced that the constitutional jurisdiction of the High Court is discretionary and that concurrent findings of lower courts should not be interfered with unless there is a clear jurisdictional defect. The ruling highlighted the importance of equal protection under the law for all citizens, especially for those who have served diligently in their positions. |
| Summary |
This case revolves around the issue of regularization of work-charge employees in the Punjab Seed Corporation. The employees, who had been working for many years, sought to be recognized as permanent workmen under the Industrial and Commercial Employment (Standing Orders) Ordinance of 1968. The Lahore High Court upheld the decision of the Labour Appellate Tribunal, which ruled that the employees had attained permanent status due to their continuous service against a project expected to last more than nine months. The ruling stressed the legal obligation of employers to regularize employees who meet the criteria for permanent status and the court's role in ensuring equitable treatment under the law. The judgment reiterates the principle that all citizens are entitled to equal protection under the law, particularly those who have been unjustly deprived of their rights due to administrative practices designed to circumvent legal protections. This case is significant for labor law, employment rights, and constitutional protections, emphasizing the need for fair treatment of workers in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Labour Appellate Tribunal,
Punjab Seed Corporation
|
| Judges |
ALI AKBAR QURESHI, J
|
| Lawyers |
Hafiz Muhammad Abu Bakar Ansari,
Qazi Mansoor Ahmad,
Tariq Zulfiqar Ahmad Chaudhry
|
| Petitioners |
PUNJAB SEED CORPORATION through Director Admn.
|
| Respondents |
2 others,
CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL NO.2, MULTAN
|
| Citations |
2015 SLD 2530,
2015 PLC 295
|
| Other Citations |
Muhammad Yaqoob v. The Punjab Labour Court No.1 and 5 others 1990 SCMR 1539,
Tehsil Municipal Officer, TMA Kahuta and another v. Gul Fraz Khan 2013 SCMR 13,
Punjab Seed Corporation and 2 others v. Punjab Labour Appellate Tribunal and 2 others 1995 PLC 539,
Secretary to the Government of the Punjab, Forest Department, Punjab, Lahore through Divisional Forest Officer v. Ghulam Nabi and 3 others PLD 2001 SC 415,
General Manager, Pearl Continental Hotel, The Mall, Lahore/ Rawalpindi v. Farhat Iqbal PLD 2003 SC 952,
Pakistan Defence Officers Housing Authority, Karachi v. Shamim Khan through L.Rs. and 5 others PLD 2005 SC 792,
State Life Insurance Corporation and others v. Jaffar Hussain and others PLD 2009 SC 194,
Rai Ashraf and others v. Muhammad Saleem Bhatti and others PLD 2010 SC 691,
Pakcom Limited and others v. Federation of Pakistan and others PLD 2011 SC 44,
Executive Engineer, Central Civil Division, Pak. P.W.D. Quetta v. Abdul Aziz and others PLD 1996 SC 610,
Tehsil Municipal Administration v. Muhammad Amir 2009 PLC 273,
Pakistan International Airlines v. Sindh Labour Court No.5 and others PLD 1980 SC 323,
Izhar Ahmad Khan and another v. Punjab Labour Appellate Tribunal, Lahore and others 1999 SCMR 2557,
Managing Director, Sui Southern Gas Company Ltd., Karachi v. Ghulam Abbas and others PLD 2003 SC 724,
Tehsil Municipal Administration, Rahimyar Khan and others v. Hanif Masih and others 2008 SCMR 1058,
Province of Punjab through Secretary Communication and Works Department and others v. Ahmad Hussain 2013 SCMR 1547,
WAPDA and others v. Khanimullah and others 2000 SCMR 879
|
| Laws Involved |
Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Constitution of Pakistan
|
| Sections |
1(b),
12,
199,
25
|