| Case ID |
4335bb6d-3318-40e5-b4f9-9f67d2ccc840 |
| Body |
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| Case Number |
Civil Appeals Nos. 670 to 671 of 2020, Criminal Ap |
| Decision Date |
Jul 06, 2021 |
| Hearing Date |
Jul 06, 2020 |
| Decision |
The Supreme Court of Pakistan allowed the appeals filed by the petitioners against the consolidated judgment of the Peshawar High Court. The High Court had previously directed the petitioners to regularize the services of the respondents, who were employed on contract basis. The Supreme Court found that the respondents had no vested right to regularization under the law, as they were employed on a contractual basis without any legal or statutory basis for regularization. The court emphasized that mere passage of time does not confer a right to regularization. The judgment of the Peshawar High Court was set aside, reaffirming the principle that contractual employees do not automatically gain rights to permanent employment. The court also clarified that the employment relationship is governed by the principle of master and servant, and such disputes should not ordinarily be adjudicated under Article 199 of the Constitution. |
| Summary |
In a significant ruling by the Supreme Court of Pakistan, the appeals concerning the regularization of contract employees at Bacha Khan University were adjudicated. The court highlighted the legal framework surrounding the employment of contract workers, emphasizing that such employees do not have an inherent right to regularization merely due to the duration of their employment. The judgment clarified the procedural requirements for regularization under the Khyber Pakhtunkhwa Universities Act and stressed the importance of adhering to established laws and regulations. The court's decision underscores the need for compliance with legal and institutional protocols in employment matters. This case sets a precedent regarding the rights of contractual employees in educational institutions, reinforcing the principle that employment status must be governed by clear legal guidelines. The ruling serves as a crucial reference for future cases involving employment rights and contractual obligations in Pakistan's legal landscape. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Khyber Pakhtunkhwa Government,
Bacha Khan University Charsadda
|
| Judges |
IJAZ UL AHSAN, JUSTICE,
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
|
| Lawyers |
Syed Haziq Ali Shah, Advocate Supreme Court,
Muhammad Ashfaq, AR (Legal for Appellants),
Syed Javed Akbar, Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record for Respondent,
Rana Ali Ahmed, Advocate Supreme Court,
Tariq Aziz, Advocate-on-Record for Respondents,
Fazal Shah, Advocate Supreme Court for Respondents
|
| Petitioners |
VICE CHANCELLOR, BACHA KHAN UNIVERSITY CHARSADDA, KHYBER PAKHTUNKHWA AND OTHERS
|
| Respondents |
TANVEER AHMAD AND OTHERS
|
| Citations |
2021 SLD 1153,
2021 SCMR 1995
|
| Other Citations |
Muhammad Akbar v. Muhammad Yusuf PLD 1964 SC 329,
Hamida Begum v. Murad Begum PLD 1975 SC 624,
Abdul Hamid v. Sadeque Ali PLD 1969 Dacca 357,
Muppudathi Pillai v. Krishnaswami Pillai AIR 1960 Mad 1,
Aswar Muhammad v. Sharif Din 1983 SCMR 626,
Jan Muhammad v. Abdur Rashid 1993 SCMR 1463,
Shahro v. Fatima PLD 1998 SC 1512,
Khushal Khan Khattak University through Vice-Chancellor v. Jabran Ali Khan 2021 SCMR 977
|
| Laws Involved |
Specific Relief Act, 1877,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
39,
42,
54,
117,
188,
129(e)
|