Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 1(b),12

Law: Constitution of Pakistan, 1973

Section: 2-A,4,25

(a) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- --------S.Os. 1(b) & 12---Constitution of Pakistan, Arts.2-A, 4 & 25---Regularization of service of employee---Violation of fundamental rights---Petitioner, was appointed on contract basis as Ticket Collector for a period of two years under "Prime Minister Family Assistance Package"---Petitioner remained working despite expiry of two years, but his services were not regularized, despite, authorities promised to regularize his service---Authorities had regularized the services of all other employees, who were appointed under said scheme, but petitioner had been denied the same---Petitioner having been working against the same post and project for the last many years, it could be held that said post and project were of permanent nature; and that the petitioner had attained the status of "permanent workman"---Denial of the authorities to regularize the services of the petitioner, was not permissible in law---Petitioner had become over-age during the period of his service; and he could not go anywhere, nor could apply to earn his livelihood in any department or organization---Authorities, should have regularized the services of the petitioner---Denial to extend benefit of regularization of his service, was violative of the guaranteed and secured rights of the petitioner under Arts.2-A, 4 & 25 of the Constitution---Petitioner having attained the status of "permanent workman" by afflux of time, authorities, would have to regularize his service according to law---Any action, if required in the case of any misconduct, would be initiated under Standing Order 12 of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and not otherwise---Authorities, were directed to regularized the service of the petitioner along with back benefits in accordance, with law. Pakistan Telecommunication Company Limited through General Manager and another v. Muhammad Zahid and 29 others 2010 SCMR 253; Ejaz Akbar Kasi and others v. Ministry of Information and Broadcasting and others PLD 2011 SC 22; Punjab Seed Corporation and 2 others v. Punjab Labour Appellate Tribunal and 2…

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