Law:

Section:

Punjab Industrial Relations Act (XIX of 2010)-------Ss. 33 & 47---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.1(b), S.Os.12(3) & 15---General Clauses Act (X of 1897), S.21---De-regularization of service---Scope---Locus poenitentiae, principle of---Applicability---Employees, in the present case, were initially recruited by Public Health Engineering Department as "work charged employees"---Later on, department transferred relevant scheme and services of the employees to District Council, which through a resolution, regularized the services of the employees and confirmed them---Scheme in question was taken back by Public Health Engineering Department and department on resuming the charge of the scheme, de-regularized the employees and treated them as "work charged employees"---Validity---Employees, after serving for a mandatory period had attained the status of permanent workmen against permanent posts---On reversion of scheme to the Public Health Engineering Department, said department had no right whatsoever to tinker with the orders of regularization passed by the District Council---Regularization of services by District Council appeared to be keeping with legal requirements and had been acted upon for almost a period of 5 years---Principle of Locus Poenitentiae, in circumstances, was fully applicable and Public Health Engineering Department was not vested with the authority to withdraw or cancel the order of regularization, which was passed by their predecessor and stood acted upon. 2009 SCMR 1161; PLD 2000 SC 50; PLD 1979 Lah. 699 and PLD 1998 Kar. 180 rel. Ch. Munawar Ahmed Javed for Appellants. Mirza Inayat Muhammad along with Muhammad Javed Akhtar XEN for Respondent No.1. Syed Asif Ali Shah for Respondent No.2. Date of hearing: 9th March, 2011. JUDGMENT ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- The captioned appeals impugn the order dated 4-8-1995 of Punjab Labour Court No.5, Sargodha whereby the grievance petitions filed by the appellants were dismissed by a consolidated order dated 4-9-1995. 2. The facts of the cases briefly are that Qaiser Saleem and eleven others basically low paid employees of PHE Division Jhang,…

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