Law:

Section:

Civil service---State owned Bank employee---Outsourced employee---Service structure---Petitioners were employees of respondent Bank and their grievance was that their services had not been regularized---Contention of respondent Bank was that they were outsourced employees provided by a contractor---Validity---Petitioners were issued appointment orders by contractor on different dates starting from 2013 and onwards and mostly they were appointed against contract post of Credit / Assistant / Cashier / Cash sorter---Petitioners were holding prescribed qualifications required for their post and were performing duties of opening of accounts, online transfers, assigned targets for recovery of loan and achieving targets regarding deposit in Bank---High Court declared the petitioners as employees of respondent Bank for all intents and purposes as they were performing core functions of banking in respondent Bank---High Court declared that petitioners were entitled to similar service protection at par with their colleagues serving in Bank on regular basis---Constitutional petition was allowed accordingly. Government of Khyber Pakhtunkhwa v. Jawad Ali and others 2021 SCMR 185 distinguished. 2015 PLC (C.S.) 1487; 2019 PLC (C.S.) 751; 2020 PLC (C.S.) 70; 2005 SCMR 100; 2013 SCMR 1253; 2015 SCMR 1257; 2018 SCMR 1405; PLD 2011 SC 22; 2007 PLC 472 and Haider Ali v. The Managing Director Bank of Khyber 2021 PLC (C.S.) Note 4, p.6 ref. Messrs State Oil Company Ltd. v. Bakht Sadique and others 2018 SCMR 181; Abdul Ghafoor and others v. President National Bank of Pakistan 2018 SCMR 157; Sohail Ahmad v. National Bank of Pakistan and others 2019 PLC (C.S.) Note 7; Nilgiri Coop. Mkt. Society Ltd: v. State of T.N AIR 2004 SC 1639; National Bank of Pakistan v. Talimand and others Civil Appeal No.1549 of 2014; Kashif Salah-ud-Din and others v. National Bank of Pakistan (W.P. No.69-A/2014 decided on 25.5.2014) and 2009 SCMR 01 rel. JUDGMENT: IJAZ ANWAR, JUSTICE:---.--- Through this single judgment, we intend to decide the instant writ petition and Writ Petition bearing No.5239-P/2018 titled, ‘Aamir Sheraz and others v. Bank of Khyber through its Managing Director, Peshawar Cantt and…

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