| Citation(s) |
|---|
| 2019 SLG 389 2019 SLD 389 2019 SCMR 233 |
Supreme Court of Pakistan
Civil Petitions Nos. 2702-2704, 3115-3118 and 3879 of 2018, decision & hearing Dated: 13-12-2018. (Against the judgments Dated 14.05.2018, 29.05.2018, 12.09.2018 of the Lahore High Court, Multan Bench passed in I.C.As. Nos. 149, 150, 186, 196, 187, 188, 1
GULZAR AHMED, JUSTICE MAQBOOL BAQAR, JUSTICE
Petitioner(s) by: Shakeel Javed, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record
Respondent(s) by: person (in C.P. 2702 of 2018). Nemo (in C.P. 2703 of 2018). Malik Noor Muhammad Awan, Advocate Supreme Court and Mehr Khan Malik
Civil Petitions Nos. 2702-2704, 3115-3118 and 3879 of 2018, decision & hearing Dated: 13-12-2018. (Against the judgments Dated 14.05.2018, 29.05.2018, 12.09.2018 of the Lahore High Court, Multan Bench passed in I.C.As. Nos. 149, 150, 186, 196, 187, 188, 1
GULZAR AHMED, JUSTICE MAQBOOL BAQAR, JUSTICE
Petitioner(s) by: Shakeel Javed, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record
Respondent(s) by: person (in C.P. 2702 of 2018). Nemo (in C.P. 2703 of 2018). Malik Noor Muhammad Awan, Advocate Supreme Court and Mehr Khan Malik
MULTAN THROUGH CHAIRMAN AND ANOTHER
VS
MUHAMMAD SAJID AND OTHERS
Law:
Section:
Civil service--- ----Daily wage workers/contract employees of Board of Intermediate and Secondary Education---Regularization in service---Artificial breaks in service period by re-employing workers after every 89 days---Respondents (daily wage workers) had been working with the petitioner-Board since long, however, in an attempt to break the continuity of their service, the Board had been employing them for 89 days only, and re-hired them for the next 89 days, and thus continued to avail their service for a long period by creating artificial breaks in their service period---Fact that the respondents had continuously served the Board for a long period of time, albeit the breaks created by Board clearly showed that they had been performing job of permanent nature and had not been serving on casual posts---Admittedly, similarly placed employees of Boards of other cities had been regularized in pursuance of orders of the High Court, which were upheld by the Supreme Court---Respondents were rightly found eligible and entitled for regularization of their service with the Board by the High Court---Petitions for leave to appeal were dismissed accordingly. Civil Petition No. 2509 of 2006, Judgment dated 7th March, 2018 ref. THIS ORDER PASSED BY: MAQBOOL BAQAR, J.--- Since the respondents, who have been working with the petitioner-Board since last many years on daily wages, were not being regularized by the Board, they filed Writ Petitions before the Lahore High Court which petitions were granted. The Board challenged the said orders through ICAs, which appeals have been dismissed by a learned Division Bench of the High Court. 2. As rightly noted in the impugned judgments, the issue involved in the cases, i.e. regularization of the daily wage workers/contract employees, has already been settled by this Court, through judgment dated 7th March, 2018, in Civil Petition No. 2509/2006, whereby, this Court has upheld judgment dated 7th June, 2016 in terms…
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