DEPUTY DIRECTOR, ADMINISTRATION AND COORDINATION, FAISALABAD
This matter concerns petitions for special leave to appeal against a judgment of the Lahore High Court, which upheld an order of the Labour Court directing the petitioners to regularise the respondents in service. The respondents, employed for five years within the work-charged establishment of the Faisalabad Development Authority, sought a declaration of permanent employment status under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. The petitioners challenged this, arguing that because the respondents were part of a work-charged establishment subject to shifting between projects, their employment was not of a permanent nature, regardless of the duration of service. The High Court and the Labour Appellate Tribunal had previously ruled in favour of the respondents. Upon review, the Supreme Court noted the petitioners' contention that the respondents' employment did not meet the criteria for permanent status under the relevant Standing Order, citing prior case law. Finding that the contentions raised required further examination, the Supreme Court granted leave to appeal to resolve the legal status of work-charged employees under the Ordinance.
- Does employment in a work-charged establishment automatically qualify as permanent employment under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance?
- Can employees of a work-charged establishment claim permanent status based solely on the duration of their continuous service?
- Standing Order No. 1, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968
ORDER
' SAAD SAOOD JAN, Actg. 0,---These petitions for special leave to appeal are directed against the same judgment of the Lahore High Court whereby it dismissed the Constitution petitions preferred by the petitioners against the order of the Labour Court.
2. The respondents have been in the employment of the petitioners for the last five years without any break. They form part of its work-charged establishment. They moved applications before the Labour Court at Faisalabad for a declaration that they were in the permanent employment of the petitioners within the meaning of Standing Order No,1 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. Their applications were allowed and the petitioners were directed to regularise them in service. The petitioners filed appeals before the Punjab Labour Appellate Tribunal but without any success. They then invoked the Constitutional jurisdiction of the High Court but their petitions were dismissed.
3. In support of these petitions it is contended that the employment of the respondents was not of permanent nature even though it had been continuing for more than nine months. The Faisalabad Development Authority was engaged in carrying out many projects. When one of its project is completed the work-charged establishment is to be shifted to another project. The respondents cannot be regarded as in permanent employment within the meaning of Standing Order No,1, ibid. In support of this contention reference has been made to a judgment of this Court in Muhammad Yaqoob v. Punjab Labour Court No,1 (1990 SCM R 1539).
4. The contentions raised in support of these petitions need examination. Leave to appeal is granted.
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