| Case ID |
41d55ec2-842b-4c2e-b813-87536441ce36 |
| Body |
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| Case Number |
Civil Appeals Nos. 1569 to 1579 of 1999 |
| Decision Date |
Oct 25, 2001 |
| Hearing Date |
Oct 09, 2001 |
| Decision |
The Supreme Court dismissed the appeals by the Province of Punjab against the decision of the Punjab Labour Appellate Tribunal which had directed the reinstatement of work-charged employees. The Court found that the employees had been in service for many years and were not properly classified as work-charged employees. The Court upheld the Labour Appellate Tribunal's ruling that the termination of these employees was unlawful and that they were entitled to the protections under the Industrial Relations Ordinance, 1969, as permanent workers. The Supreme Court emphasized that the burden of proof lay with the department to show that the employees were purely work-charged and that the employers cannot act in a despotic manner contrary to labor laws. |
| Summary |
This case discusses the legal status of work-charged employees in the Irrigation Department of Punjab, Pakistan. The Supreme Court of Pakistan examined whether these employees could be classified as civil servants or work-charged employees under various laws, including the Civil Servants Act and the Industrial Relations Ordinance. The Court found that the employees had been working for an extended period and had not been properly classified, thus granting them the status of permanent workers. The decision emphasized the importance of labor rights and protections against arbitrary termination. The ruling highlights significant aspects of labor laws, employee rights, and the responsibilities of employers in Pakistan, which are crucial for ensuring fair treatment in the workplace. Keywords include labor rights, employee classification, Supreme Court rulings, and reinstatement of employees. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Punjab Labour Appellate Tribunal,
Irrigation and Power Department, Lahore
|
| Judges |
Nazim Hussain Siddiqui,
Javed Iqbal
|
| Lawyers |
Arshad Ali Chaudhry,
Rao Muhammad Yusuf Khan,
Raja Abdul Ghafoor
|
| Petitioners |
Province of the Punjab through Secretary, Irrigation and Power Department, Lahore
|
| Respondents |
Punjab Labour Appellate Tribunal through Chairman and others
|
| Citations |
2002 SLD 1255,
2002 SCMR 836
|
| Other Citations |
Muhammad Yaqoob v. The Punjab Labour Court No. 1 and 5 others 1990 SCMR 1539,
Executive Engineer v. Abdul Aziz 1996 PLC 385,
WAPDA v. Khanimullah 2000 SCMR 879
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
2(1)(b),
1(4)(e),
10,
25-A
|