Law:

Section:

Constitution of Pakistan--- ----Art. 185(3)---Work charge (contractual) employment---Employee working on work charge basis claiming to be a regular employee---Employment on work charge (contractual) basis, irrespective of its period of length, not to accord employee status of regular employee---Respondent was initially employed by Health Department as chowkidar (watchman) on a work charge basis but after devolution of said Department all its assets, liabilities and offices were succeeded to the Municipal Administration (petitioner)---Services of respondent were transferred to the Municipal Administration, which paid him regular salary---High Court declared respondent to be a regular employee of the Municipal Administration (petitioner) on grounds of his continuous service for 13 years, since the Municipal Administration failed to show that his employment was contractual---Validity---Record showed that respondent was employed by the Health Department on a work charge basis initially for three months and his employment was extended at regular intervals for three months at a time---Documents placed on record by respondent clearly indicated that his employment with Municipal Administration was also on work charge basis and he was paid for the work he performed---Respondent's employment whether with the Health Department or with the Municipal Administration remained on work charge basis and he was never appointed as a regular employee and his employment on work charge basis, whatever its period of length, would not accord him status of regular employee---High Court had erred in holding the respondent a regular employee simply on account of failure of Municipal Administration to show that his appointment was on a work charge or contractual basis---Respondent had to substantiate his claim for regular appointment and same could not be deemed to have been established on failure of the Municipal Administration to prove the contrary---Petition for leave to appeal was converted into appeal and allowed, impugned s were set aside and respondent was held not to be a regular employee of the Municipal Administration. JUDGMENT NASIR-UL-MULK, J.---Tehsil Municipal Officer, Tehsil…

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