| Case ID |
44ab7c32-d0cd-40df-bb7c-a62be32b098d |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.52550 of 2020 |
| Decision Date |
Jun 30, 2021 |
| Hearing Date |
Jun 30, 2021 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioners, who sought regularization of their temporary employment. The court held that the petitioners did not meet the eligibility criteria for regularization as prescribed by the regulations. The court emphasized that the petitioners had accepted the terms of their temporary contracts upon joining and could not later claim regularization. The judgment reiterated that the relationship of master and servant applies to contractual employment and that the constitutional petition under Article 199 is not maintainable in such cases. The decision underscored the importance of adhering to established criteria for employment regularization and the discretion of the authorities in making employment decisions. |
| Summary |
In the case of Writ Petition No.52550 of 2020, the Lahore High Court addressed the issue of regularization of temporary employees within the context of the Constitution of Pakistan, 1973. The petitioners, Syed Ali Hamza and others, challenged a quasi-judicial order denying their request for regularization after having served on a temporary basis. The court examined the eligibility criteria set forth in the Lahore Arts Council Regulations, concluding that the petitioners failed to meet the necessary qualifications, including satisfactory service duration and age limits. The judgment highlighted that the principle of equality under Article 25 does not apply to individuals who do not meet specific criteria and that the authorities have the discretion to determine employment policies. This case serves as a crucial reference for employment law, particularly in relation to the rights of temporary employees and the maintainability of constitutional petitions in contractual employment scenarios. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Jawad Hassan
|
| Lawyers |
Imran Khan Kaliar,
Barrister Umair Khan Niazi,
Rao Shahroz Khan
|
| Petitioners |
Syed Ali Hamza and others
|
| Respondents |
Province of the Punjab and others
|
| Citations |
2022 SLD 729 = 2022 PLC 525
|
| Other Citations |
Board of Intermediate and Secondary Education, D.G. Khan and another v. Muhammad Altaf and others 2018 SCMR 325,
Messrs State Oil Company Limited v. Bakht Siddique and others 2018 SCMR 1181,
Board of Intermediate and Secondary Education, Faisalabad through Chairman and others v. Tanveer Sajid and others 2018 SCMR 1405,
Shahzad Ghohar v. Government of Punjab and Aitchison College through its Board of Governor 2018 PLC (C.S.) Note-1,
Muhammad Mohsin Ismail v. Managing Director Punjab Daanish Schools and 2 others 2018 PLC (C.S.) 722,
Dr. Abid Ali v. Chief Secretary, Government of Punjab and 3 others 2017 PLC (C.S.) 488,
Mubashar Majeed v. Province of Punjab and 3 others 2017 PLC (C.S.) 940,
Pakistan Telecommunication Co. Ltd. through Chairman v. Iqbal Nasir and others PLD 2011 SC 132,
Pakistan Defence Officer’s case 2013 SCMR 1707,
Pakistan International Airline Corporation and others v. Tanweer-ur-Rehman and others PLD 2010 SC 676,
Government of Khyber Pakhtunkhwa through Chief Secretary and others v. Syed Sadiq Shah and others 2021 SCMR 747,
Abdul Wahab and others v. HBL and others 2013 SCMR 1383,
Pakistan International Airline and others v. Noreen Naz Butt 2017 PLC (C.S.) 923,
Pakistan Airline Pilots Association and others v. Pakistan International Airline and another 2019 SCMR 278,
Lt. Col. Rtd. Aamir Rauf v. Federation of Pakistan through Secretary Ministry of Defence and 3 others 2011 PLC (C.S.) 654,
Nadeem Ahmed v. Pakistan State Oil Company Limited and another 2005 PLC (C.S.) 1447,
Miss Naureen Naz Butt v. Pakistan International Airlines through Chairman. PIA and others 2020 SCMR 1625
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
25,
199
|