Law: Punjab Regularization of Service Act, 2018

Section: 2(f),1(3)

Law: Constitution of Pakistan, 1973

Section: 212(3)

Punjab Regularization of Service Act, 2018 (XV of 2018)-- ----S. 2(f)--Constitution of Pakistan, 1973, Art. 212(3)--Regularization of service from date of regularization--Appeal--Allowed--Determination of date of regularization--Consolidated order--Applicability of act--Scheme of Act--Punjab Service Tribunal through impugned consolidated order dated 26.10.2020 found that regularization of respondents shall be from date of their initial appointment under contract, but impugned order has failed to discuss provisions of Act--Scheme of Act clearly shows that regularization of a contract is with immediate effect i.e., from date of regularization--Counsel for respondents has placed reliance on certain orders of this Court in matter of regularization--We have perused said orders and noticed that they did not discuss Act or its provisions and regularization in said orders was on basis of Policy announced by Government, therefore, they are not relevant for our purposes--Provisions of Act are unambiguous and clearly mention that regularization shall be with immediate effect i.e., from date of regularization--Regularization of respondents shall be considered from date of their regularization--Appeal allowed. Punjab Regularization of Service Act, 2018 (XV of 2018)-- ----S. 1(3)--Regularization--Appointment of an eligible contract employee on regular basis, with immediate effect, in accordance with Act. ORDER Syed Mansoor Ali Shah, J.- The services of the respondents were admittedly regularized under The Punjab Regularization of Service Act, 2018 (Act), therefore, the sole question before us is the determination of the date of regularization i.e., whether it is from the date of regularization of the service of the employee or whether from the date of initial appointment of the employee on contract basis. The Punjab Service Tribunal through impugned consolidated order dated 26.10.2020 found that the regularization of the respondents shall be from the date of their initial appointment under the contract, but the impugned order has failed to discuss the provisions of the Act. 2. We have heard the learned counsel for the parties and have gone through the provisions of the…

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