Law: Constitution of Pakistan, 1973

Section: 38,39,42,43,43(A),199

Constitution of Pakistan, 1973-- ----Arts. 199, 38, 39, 42, 43 & 43(A)--Constitutional petition--Joining of service as janitor--Outsourced companies services--Relationship between employer and employee--Regularization of service--Permanently incidental service as maintaining cleanliness on permanent basis--Question of whether in present scenario relationship of employer and employee exists between parties--Direction to--Where a worker or group of workers labours to produce goods or services and these goods or services are for business of another, that other is, in fact, employer--When some of petitioners were working in respondent bank prior to outsourcing their employment and they are performing similar functions and duties with those employees whose services have been regularized by this Court vide dated 22.5.2014 and august Supreme Court of Pakistan in its unreported dated 14.5.12016--Respondents bank is directed to regularize services of petitioners against posts they are still working in bank--Petition was accepted. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.- Through this single judgment we intend to dispose of Writ Petitions No. 428-A/2014, 503-A/2014, 504-A/2014, 505-A/2014, 590-A/2014 and 05-A/2016 as in the above writ petitions a common question of law is involved. 2. All the petitioners in the above writ petitions are seeking regularization of their services in the Respondent bank. 3. The petitioners Sohail Ahmed and three others in Writ Petition No. 428-A/2014 initially joined the services in the Respondents bank as janitors against a meager salary of Rs.3500/- as evident from debit voucher dated 25.11.2008. Whereas rest of the petitioners claimed to have remained office attendants in the respondent Bank since long and subsequently their services were outsourced to certain companies. However, they have been working within the premises of respondent Bank. They have annexed a letter dated 12.8.2008 with the writ petition through which the Regional Compliant Chief had issued instructions to all Branch Managers/ Operation Managers, whereby they were restrained from allowing access to the janitors to BBO operations as they were receiving…

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