Law: Punjab Industrial and Commercial Employment (Standing Orders) Amendment Act, 2012

Section: O.2(g)

Law: Punjab Industrial Relations Act, 2010

Section: 2(xxxi),31

Industrial and Commercial Employment (Standing Order) 1968 (VI of 1968)-- ----S. 2(1)--Punjab Industrial Relations Act, 2010, Ss. 2(xxxi) & 31--Appointments on contract basis--Grievance petitions--Accepted--Jurisdiction--Challenge to--Admittedly respondents/ petitioners are performing their, duties with appellant department since their initial appointment till to date as admitted by Rw-1 in his cross-examination--They had been performing their duties for last more than nine months--Duties performed by respondents/ petitioners are of manual nature which falls within category of a worker/ workman under Section 2(i) of Industrial and Commercial Employment (Standing Orders) Ordinance 1968 and Section 2(XXXI) of Punjab Industrial Relations Act, 2010, therefore, respondents/ petitioners rightly invoked jurisdiction of learned trial Court after sending grievance notices to appellant-department--Appellants have not specifically denied that respondents have served institution for more than nine months without any complaint--It is also admitted by Rw-1 that work on which respondents/ petitioners were appointed has not been finished--It was a running project and he does not know when it will be completed--It is also admitted that respondents/ petitioners are workmen and their performance remained satisfactory--It is also admitted that in budget all posts on which respondents/petitioners are working are available--Respondents/ petitioners have attained status of permanent employee and they were performing their duties continuously for more than nine months, hence learned trial Court rightly accepted grievance petitions--Learned counsel for appellant could not point-out any illegality or infirmity in impugned which is in accordance with law, same is hereby maintained--However, at the time of regularization of the respondents, the department will strictly observe the rules and instructions issued by the Government on this subject--Appeal was dismissed. 2013 SCMR 1547 ref. Punjab Industrial and Commercial Employment (Standing Order) (Amendment) Act, 2012-- ----S.O. 2(g)--Workman--Compilation of probationary period--Work of permanent nature--Competition period of more than…

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