GOVERNMENT OF PUNJAB through Secretary, Irrigation and Power, Punjab, Lahore and others vs PUNJAB LABOUR APPELLATE TRIBUNAL and another
This matter arises from civil petitions for leave to appeal directed against the orders of the Punjab Labour Court-I, the Punjab Labour Appellate Tribunal, and the High Court. The petitioners, represented by the Government of Punjab through the Secretary, Irrigation and Power, contended that the lower forums based their decisions on an erroneous assumption of fact regarding the appointment of the respondents against permanent posts, arguing that the respondents were merely work-charge employees exceeding the sanctioned strength of fifteen posts. The core legal question considered by the court is whether the respondents qualify as workers under the relevant employment legislation and whether they attained the status of permanent workmen after completing a ninety-day period of service, notwithstanding their initial designation as work-charge employees. The Supreme Court granted leave to appeal to examine this question and stayed contempt proceedings initiated against the petitioners pending the final disposal of the appeals.
- Whether work-charge employees become permanent workmen after the completion of a ninety-day period under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968?
- Does the appointment of employees beyond the sanctioned strength of permanent posts affect their status as regular workers?
- Section West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
ORDER
' IRSHAD HASAN KHAN, J.---This order shall dispose of Civil Petitions for Leave to Appeal Nos,1536-L of 1998 to 1538-L of 1998.
2. Mr. Muhammad Anwar Ghuman, learned Advocate Supreme Court for the petitioners contends that the orders of the Punjab Labour Court-I, the Punjab Lahore Appellate Tribunal and the High Court are based on erroneous assumption of fact, in that, the respondents were not appointed against permanent posts, inasmuch as, the sanctioned strength of the relevant posts was only 15 while the respondents, who are 30 in number were working as work-charge employees.
3. The next question for consideration is whether the respondents are workers within the meaning of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and had been performing their duties as low-paid employees and whether after the completion of 90 days' period they had become permanent workmen or were work-charge employees?
4. Leave to appeal is granted to consider the above point. Meanwhile, contempt proceedings initiated against the petitioners by the contesting respondents are stayed till final disposal of the appeals.
Leave to ,