Law:

Section:

(a) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.Os. 1(b) & 12---Constitution of Pakistan, Art.199---Constitutional petition---Work-charge employees---Regularization---Employees filed grievance petition for regularization of their service which was accepted concurrently---Contention of employer was that employees were appointed on work-charge basis therefore, they could not attain the status of a permanent employees---Validity---If a worker was appointed against a project which was likely to continue more than nine months and the worker remained in service for nine months, he would attain the status of a regular employee---Employees, in the present case, were working against the same post and project for the last many years---Post and project against which the employees were working was of permanent nature---Denial of employer to regularize the services of employees as permanent workmen was not permissible in law---Employees had attained the status of permanent workmen/workers by afflux of time---Services of employees should have been regularized in accordance with law---Any action, if required in case of any misconduct, could be initiated under S.O.12 of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and not otherwise---Employees had become over-aged during the period of their service and could not go anywhere nor could apply to earn their livelihood in any organization---Employer should have regularized the services of the employees---No jurisdictional defect, legal infirmity or irregularity was pointed out in the findings recorded by the forums below---Labour Appellate Tribunal had properly appreciated the evidence on record and concluded that employees were "permanent workmen"---Constitutional petition was dismissed in circumstances. Muhammad Yaqoob v. The Punjab Labour Court No.1 and 5 others 1990 SCMR 1539 and Tehsil Municipal Officer, TMA Kahuta and another v. Gul Fraz Khan 2013 SCMR 13 ref. Punjab Seed Corporation and 2 others v. Punjab Labour Appellate Tribunal and 2 others 1995 PLC 539; Secretary to the Government of the Punjab, Forest Department, Punjab, Lahore through…

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