Law: Balochistan Industrial Relations Act, 2010

Section: 41

Law: Payment of Wages Act, 1936

Section: 2(ii)

Law: Railways Act, 1890

Section: 3(4)

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

Section: 2(b)(f)(g)(i)

Balochistan Industrial Relations Act (XIII of 2010)--- ----S. 41---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2 (i) (f) (b) (g)---Security Guard---Permanent Employee---Stoppage of salary by the employer company due to transfer of service of Guard to the contractor security services---Grievance petition was moved by the employee which was dismissed by the Labour Court but Labour Appellate Tribunal accepted the same---Contention of company was that services of employee were transferred to the contractor security service and he was no more in the service of the company---Validity---Employee was appointed on 14-04-2005 by the company and he remained in service continuously till July 2007 and thereafter his services were transferred to contractor of security services of the company; however employee was paid his monthly salary upto May 2009 by the company---Employee had qualified the requirement of a permanent workman being in continuous service of nine months---Company hired security services on 01-07-2007 and same was valid for one year---Company retained employee upto May 2009---No show-cause notice or written directions were issued to the employee that he was no more in the service of company---If services of employee were transferred to the contractor of company even then liability of his services was with the principal employer---Employee, after completion of probationary period had attained the status of a permanent workman---Labour Appellate Tribunal had rightly allowed the appeal of the employee---No illegality or irregularity had been pointed out in the order passed by the Labour Appellate Tribunal---Constitutional petition was dismissed in circumstances. 1996 PLC 385 rel. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.--- This judgment disposes of instant petition filedby the petitioners against the impugned judgment dated 16-08-2012 passed by the Labour Appellate Tribunal Balochistan, whereby the appeal filed by the respondent No.1 was accepted and judgment dated 31-10-2011 passed by the Labour Court-I, Quetta was set aside. The petitioner seeking the following relief: "It is, therefore, respectfully prayed that…

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