MUHAMMAD RAMZAN Versus PAKISTAN STEEL, KARACHI

DECISION

1. In these two connected appeals the only point involved was whether the appellants were permanent workmen of the respondent Pakistan Steel. The learned Labour Court framed an issue whether the applicants have right of permanent workmen. In the decision it was found that the appellants were employed on the jobs of permanent nature and they had worked continuously for more than 7 years. The learned Labour Court therefore came to the conclusion that they were entitled to all the benefits and rights of permanent workmen under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 but to this finding was added another proposition that the Steel Mills had their own set of rules regarding terms and $ conditions of employment of permanent workers therefore these would apply in preference to the Standing Orders. In the opinion of this Tribunal such private rules of Establishment if any cannot override the law of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 because these Standing Orders have the force of law while any private rules cannot override the law applicable to workmen under the statute. The Standing Orders Ordinance is applicable to the case of these permanent workers even if it is in conflict with the private rules of appointment. Appeal is allowed accordingly.

2. H.B.T./2448/Lb. S Appeals allowed.