2018 PLC(CS)N 8

MUHAMMAD SHABANI Versus SUI NORTHERN GAS PIPELINES LIMIED

Citation2018 PLC(CS)N 8

CourtLahore High Court

Judge(s)Ali Baqar Najafi

ORDER

ALI BAQAR NAJAFI, J.--- Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 petitioner has sought a direction to respondents to regularize his services.

2. Brief facts giving rise to the filing of this writ petition are that the petitioner is working as a Meter Reader, Customer Service Center in SNGPL Taunsa since 18.04.2005 on contract basis for two years and as a Casual Daily Wages Employee for the last 8 years. On 18.07.2012, the government decided to regularize the post of the petitioner whereafter the petitioner appeared in interview but due to the political influence, he was ignored. According to the petitioner, other Casual Daily Wages Employees have discriminated against, therefore, he prays for regularization as he served 11 years in the department.

2. In the report and parawise comments submitted by respondents, maintainability of this petition was seriously questioned. Learned counsel for the respondents have referred to various judgments including the judgment passed by the Islamabad High Court in I.C.A. No. 228 of 2014 titled "Nasir Maqsood Qazi v. Federation of Pakistan and others" duly upheld by the Hon'ble Supreme Court in Civil Petition No.24 of 2015 wherein it was found that respondent/company is not statutory body against which writ petition does not lie. Refers to the other orders dated 21.09.2015 passed in W.P. No. 19150 of 2015 titled "Muhammad Riaz v. Federation of Pakistan etc.", and order dated 04.05.2016 passed in W.P. No. 23895 of 2015 titled "Muhammad Qamar v. OGRA and others", to argue that view of this Court is also that the writ petition is not competent against SNGPL.

3. Arguments heard. Filed perused..

4. After hearing the learned counsel for the parties and perusing the available record, it is straightway noted that petitioner's claim for regularization on the basis of discrimination against respondent/company which is non-statutory in nature cannot be acceded to in view of the consistent view held by this Court about the non-maintainability of the constitutional petition. Article 25 of the Constitution will be available to the petitioner, if so attracted, at any forum where the petitioner wants to agitate his right preferably under the Labour Laws. The judgments cited at bar by the learned counsel for the petitioner do not relate to the non-statutory body like Sui Northern Gas Pipe Lines.

5. In this view of the matter, this writ petition has been found not maintainable and is, therefore, dismissed.

ZC/M-101/L Petition dismissed.