Law: Khyber Pakhtunkhwa Industrial Relations Act, 2010

Section: 37

Law: Constitution of Pakistan, 1962

Section: 2-A,3,38

(a) Khyber Pakhtunkhwa Industrial Relations Act (XVI of 2010)--- ----S. 37---Khyber Pakhtunkhwa Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 1 (4) (a), 2 (b) & (f) & S. 2 (g)---Constitution of Pakistan, Arts.2-A, 3 & 38---Grievance petition---Daily wages employees of state-owned company---Regularization of service---Temporary employees---Elimination of exploitation---Secured and guaranteed right---Scope---Employees filed grievance petition which was allowed by the Labour Court but Labour Appellate Tribunal dismissed the same---Validity---Every individual, citizen and employee had right to be treated in accordance with law---Secured and guaranteed rights were described as an entitlement or justified claim to a certain kind of positive and negative treatment from others, to support from others or non interference from others---Individual could not claim right if those rights were not recognized by the state---Petitioners had rights secured and guaranteed to be treated as regular employees for the purpose of availing benefits of regular employees---Services of employees remained satisfactory during entire temporary period---Employees were in continuous service against daily wage service status for the last more than 15 years---Petitioners had right to be treated as regular and permanent employees of the establishment---Nature of job which employees were performing was not of temporary and no specific date of completion of work had been given by the establishment---Temporary employees could not be left to the time of termination of their services for the purpose of making grievance through competent Court of law---Policy of pick and choose as adopted by the establishment in the matter of absorption/ regularization of employees was against law---Principle of equality, social and economic justice should be observed as Fundamental Right---State should ensure well being of the people by raising their standards of living---Employees had been discriminated and exploited by the establishment---Impugned orders passed by the Labour Appellate Tribunal were set aside---Employees were directed to be deemed to be absorbed,…

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