Law: Constitution of Pakistan, 1973

Section: 9,25

(a) Civil service-------Regularization in service---Scope---Regularization of employees was not a part of the terms and conditions of service of the employees for which there need to be some statutory rules but it depended upon the length of service.(b) Civil service-------Employees of a State-owned company outsourced to a contractor---Regularization in service---Plea of company that employees in question could not be regularized as they were not the company's employees but were outsourced to some contractor---Validity---State companies/ industries had adopted the practice of outsourcing the employment of posts which were permanent in nature---Record showed that employees in question had been in service starting from as far back as the year 1984---Outsourcing of employees seemed to be a sham or pretence---Employees in question, even if assumed to be employees of contractor, had been performing duties of permanent nature and should have been regularized---Supreme Court directed that employment of the employees in question shall be regularized with effect from the date when they approached the High Court through the Constitutional petition but for their pensionary benefit and other long terms benefits, if any, available under the law, they would be entitled from the date when they joined service of the company---Petitions for leave to appeal were dismissed accordingly.THIS ORDER PASSED BY: MIAN SAQIB NISAR, CHIEF JUSTICE:---.---These petitions are directed against the judgment of the learned High Court, whereby the respondents, who are working for the petitioner company, approached the Court for regularization of their services in the petitioner company. The defence set out by the petitioner was that the respondents are not their employees rather their jobs have been outsourced and they are employees of the contractor. It is also the petitioner's case that the respondents' petition before the learned High Court was incompetent because there is no statutory rules of the petitioner and as per the law laid down in Abdul Wahab and others v. HBL and others (2013 SCMR 1383) these two pleas have not been accepted by the learned High Court and the petition has been…