Law: Punjab Industrial Relations Act, 2010

Section: 1(3),2(ix),44

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Industrial Relations Act (XIX of 2010)--- --------Sections 44, 1(3) & 2(ix)---Grievance petition---Regularisation of services---Technical Education and Vocation Training Authority whether commercial or industrial organization---Employees filed grievance petition that they were appointed against permanent and vacant posts and were entitled for regularization---Grievance petition was accepted concurrently---Validity---Some manufacturing of blue pottery was done by the department but mere manufacturing with no profit or commercial purpose did not make it a commercial or industrial organization---Department could not be considered as profit making entities, industrial establishment or commercial organization rather might be termed as charitable organization/establishment as it was imparting technical education and vocational training without any cost---Employees of the department did not fall within the definition of "workmen" or "worker"---Labour Court had no jurisdiction to deal with the grievances of the employees---Grievance petition filed by the employees was liable to be dismissed on this score alone---Employees were employed on daily wages for specified period for specified projects till their services were required---Mere payment of fixed monthly salary did not ipso facto declare a payee as "permanent employee"---Daily wage employee had no right to claim regularization of service---Daily worker could neither be considered a permanent employee nor he could be a member of any labour union---Impugned s were set aside and grievance petition was dismissed---Constitutional petition was allowed in circumstances. Trustees of the Port of Karachi v. Muhammad Saleem 1994 SCMR 2213; K.G. Old, Principal, Christian Technical Training Centre, Gujranwala v. Presiding Officer, Punjab Labour Court, Northern Zone and 6 others PLD 1976 Lah. 1097 and Sh. Ahmad Sadiq v. Chief Settlement Commissioner and others PLD 1974 SC 368 ref. Managing Director, Sui Southern Gas Company Ltd. Karachi v. Ghulam Abbas and others PLD 2003 SC 724; Ikram Bari and 524 others v. National Bank of Pakistan through President and another 2005 SCMR 100; Tehsil Municipal Administration,…

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