Law: Constitution of Pakistan, 1973

Section: 199

Law: Payment of Wages Act, 1936

Section: 2(ii)

Law: Balochistan Industrial Relations Act, 2010

Section: 2(dd),41

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Balochistan Industrial Relations Act, (XIII of 2010), S. 2(dd) & 41--Appointment as security guard--Services were transfer to contractor--Stoppage of salary--Question of--Whether services of Respondent No. 1 does fall within definition of "Worker or Workerman" Determination--Compilation of probationary period--of Grievance petition--Dismissed--Appeal Allowed--Challenge to--It was appeared that respondent was undisputed remained as employee of petitioner directly with effect from 14-04-2005 till July 2007 and thereafter allegedly at well of petitioners his services were deputed to their contractor M/s. Specific Security services and his salaries were partially paid--In view of above provisions of law respondent after completion of probationary period availed status of a permanent workmen and appellate Tribunal had rightly allowed his appeal, counsel for petitioners has failed to point out any illegality or irregularity in impugned passed by learned Labour Appellate Tribunal Balochistan, Quetta warranting interference by this Court. Industrial and Commercial Employment (Standing Orders) Ordinance, 1968(VI of 1968)-- ----S. 2(i)--Balochistan Industrial Relation Act, (XIII of 2010), S. 2(dd)--Worker and workman--Status of--It appears on record that respondent was appointed on 14-04-2005 by petitioner and remained in service continuously till July 2007 and thereafter his services were allegedly transferred to pacific security service being contractor of petitioners and admittedly he was received his monthly salaries partially upto May 2009--Hence he was satisfactorily qualified requirement of a permanent workmen as envisaged under clause (b) of Schedule sanding orders (section) (g) 1968 i.e. continuous service of nine months, as such, he has availed status of a permanent workmen--Services of respondent were transferred to contractor of petitioner even than liability of services of on employee according to labour laws still would remain with principal employer--Petition was dismissed. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.- This judgment disposes of instant petition filed by the…

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