SECRETARY, IRRIGATION AND POWER DEPARTMENT, GOVERNMENT OF THE PUNJAB and 2 others vs PRESIDING OFFICER, PUNJAB LABOUR COURT No,3, LAHORE AT FEROZEWALA and 2 others
This is an order granting leave to appeal by the Supreme Court of Pakistan. The petition sought to examine three specific questions of law. The first question concerned the classification of an 'Overseer' as either a 'Workman' or a 'Civil Servant', a distinction crucial for determining the applicable legal framework for employment disputes. The second question addressed whether a government employee must be retained in service even after being convicted and sentenced under Section 409 of the Pakistan Penal Code, which deals with criminal breach of trust by a public servant. The third question related to the doctrine of laches, specifically whether the delay in filing the petition had been adequately explained to prevent the application of this equitable defense. The Court granted leave to appeal to thoroughly examine these points, directing that the matter be heard at an early date based on the existing record, with an option for parties to submit additional documents.
- Does an 'Overseer' fall into the category of 'Workman' or 'Civil Servant'?
- Must an employee be kept in Government employment even after conviction and sentence under Section 409, Pakistan Penal Code?
- Was the delay appropriately explained to avoid the application of laches?
- Section 409, Pakistan Penal Code 1860
ORDER
1. ' SHAFIUR RAHMAN, J.--Leave to appeal is granted to examine the following questions of law:--
(1) Whether 'Overseer' fell in the category of 'Workman' or 'Civil Servant'?
(2) Whether an employee had to be kept in Government employment even after conviction and sentence under section 409, P.P.C.?
(3) Whether delay has been appropriately explained to avoid the application of laches?
2. ' To be heard at an early date on the present record with liberty to parties to file additional documents.