Law: Punjab Regularization of Service Act, 2018

Section: 1(3),2(c),4,5,10

(a) Master and servant--- ----Contractual employee---Master and servant, relationship---Principle---Contractual employee could not seek extension in contractual service or for that matter reinstatement in service---Employee in the present case, could only seek damages through the Civil Court against arbitrary dismissal, since his relationship with his employer was governed by the principle of "master and servant". Federation of Pakistan through Secretary, Law, Justice and Parliamentary Affairs v. Muhammad Azam Chattha 2013 SCMR 120 ref. (b) Punjab Regularization of Service Act (XV of 2018)--- ----Ss. 1(3), 2(c), 4, 5 & 10---Self-executory provisions---Scope---Delegated/supplementary legislation---Necessity---Enforceability by court---Regularization of Punjab contractual employees---Provisions of Punjab Regularization of Service Act, 2018 were self-executory inasmuch as those were not dependent on any further legislative action outside the Act---Provisions of the Act created a right for being considered for regularization which was enforceable by courts without wanting further legislative action; it did not require the crutches of any other rules, bye-laws, policy or notifications for being brought into force. (c) Punjab Regularization of Service Act (XV of 2018)--- ----Ss.1(3), 2(c), 4, 5 & 10---Petitioner sought reinstatement in contractual service and regularization on ground of completion of 3 years in service---Validity---Petitioner being a contractual employee fulfilled the eligibility threshold at the relevant time and his case squarely attracted S.10 of Punjab Regularization of Service Act, 2018---After the expiry of 60 days from the commencement of the said Act, the competent authority was bound to submit his case for regularization either before the Scrutiny Committee constituted under S.5 or before the Commission for recommendation under S.4---Said Act made it abundantly clear that the Act was clear, categorical, self-executory and not dependent on further legislative action---High Court rejected plea for reinstatement but allowed prayer for regularization---Constitutional petition partially allowed accordingly. Mst. Tanzeela Ilyas v.…

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