Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199--- Constitutional petition before High Court---Maintainability---"Person" performing functions in furtherance of the affairs of the Federation---"Function test"---Telephone Industries of Pakistan, employees of---Employees filing constitutional petition seeking relief against Telephone Industries of Pakistan---Contention of Federal Government was that Telephone Industries of Pakistan was a private limited company, therefore, constitutional petition filed by the employees was not maintainable---Validity---Telephone Industries of Pakistan was wholly owned, controlled, managed and financed by the Federal Government and was performing functions in furtherance of the affairs of the Federation---Status of Telephone Industries of Pakistan could not prevent the employees from seeking constitutional remedy as said company clearly fell within the definition of a "person" as envisaged by Art. 199 of the Constitution---Constitutional petition was held to be maintainable accordingly. Abdul Wahab and others v. HBL and others 2013 SCMR 1383 ref. (b) Constitution of Pakistan--- ----Art. 9 & 25--- Regularization in service, right of--- Dignity of employees---Right to livelihood--- Scope--- Telephone Industries of Pakistan, contract employees of---Contract employees retained in service for more than 12 years---Effect---Vested right of regularization in service---Scope---Employees/appellants had been serving Telephone Industries of Pakistan in their respective positions since about last more than twelve (12) years, though on contract basis---However, renewal of employees' contracts on year to year basis since the inception and grant of increments to them clearly showed that the nature of their jobs/duties was permanent and not casual or temporary, and that they had been performing their functions/duties to the satisfaction of their employer and further that throughout the whole period their services were required, and had remained useful for and beneficial to the organization---Employing/retaining the employees in question on contract basis, instead of permanent basis was, thus, wholly mala fide, whimsical and unfair---No allegation…

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