Case Details

Citation(s)
2018 SLG 2949 2018 SLD 2949 2018 PLJ 240
Labour Appellate Tribunal, Punjab
Labour Appeal No. 218 of 2016, decision & hearing Dated: 19.10.2017.
JUSTICE (R) SYED IFTIKHAR HUSSAIN SHAH, CHAIRMAN
Petitioner(s) by: Mr. Muhammad Ayoub Khan, DDA
Respondent(s) by: Ch. Salim Akhtar Warriach, Advocate

SECRETARY IRRIGATION GOVT. OF PUNJAB, IRRIGATION AND POWER DEPARTMENT, LAHORE AND 3 OTHERS

VS

ARSHAD ALI AND OTHERS

Law: Punjab Industrial Relations Act, 2010

Section: 33

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 1(b)

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

Section: O.2(g)

Punjab Industrial Relations Act, 2010-- ----S. 33--Appointment on contract basis--Probation period was completed--Attained status of paermanent workman--Regularization of service--Grievance petition--Rejected--Challenge to--Record reveals that respondents are working on their posts from last so many years in Irrigation Machinery Division, Multan--Muhammad Sharif XEN while appearing as Rw-1 has stated that respondents/ petitioners were appointed temporarily on work charge basis; that they were paid on end of month--In cross-examination it is admitted that their institution is permanent one--It is further admitted by said witness that respondents/ petitioners are still performing their duties from date of their initial appointment--From statement of Rw-1 it is crystal clear that respondents, who were initially appointed on work charge basis are still performing their duties with appellant department; that they have completed their probation period and are serving in institution for last more than nine months. Punjab Industrial and Commercial Employment (Standing Orders) Amendment Act, 2012-- ----S. O. 2(g) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 1(b)--Workmen--Work of permanent nature--Completion of probationary period--Worked more than nine months--Permanent workman--According to S.O. 2(g) of Punjab Industrial and Commercial Employment (Standing Orders), Amendment Act, 2012, respondents/ petitioners have become permanent workmen--A workman who has been employed on work of permanent nature likely to last more than nine months and has satisfactorily completed a probationary period of three months in same or other occupation in Industrial or Commercial Establishment falls under category of a permanent workman--Respondents/ petitioners have attained status of permanent employees and they were performing their duties continuously for more than nine months, hence learned trial Court rightly accepted grievance petition--Learned DDA could not point any illegality or infirmity in impugned which is in accordance with, law, same is hereby maintained--Appeal was dismissed. THIS JUDGMENT DELIVERED BY: JUSTICE (R) SYED IFTIKHAR…
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