Law: Khyber Pakhtunkhwa Emergency Rescue Services Regulations, 2015

Section: 2(b),3

(a) Khyber Pakhtunkhwa Employees (Regularization of Services) Act (XVI of 2009)--- ----Ss. 2(b) 3---Project employees---Regularization in service---Scope---Contractual employees of a private company (Sarhad Rural Support Programme) working on temporary project posts in an outsourced project of the Provincial Government---Provincial Government did not have any concern with the terms and conditions of the services of such employees as they were employed by the private company who paid and supervised them and was responsible for all matters regarding their contractual employment---Such employees could not claim regularization in service under the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009. Perusal of the Memorandum of Understanding signed between the Provincial Government and private company (Sarhad Rural Support Programme) showed that the company retained sole discretion over the employment, posting, removal, remuneration and customary managerial prerogative over the staff it recruited for the Provincial Government projects. It was clear all along to all concerned parties including the employees of the company that they shall have no claim against the Provincial Health Department upon conclusion of the agreement. Moreover, the company policy made it clear from the outset that the employees were hired against project posts for a definite period of time and that upon the termination of the project they were to be relieved from their services. The employees were never appointed on contract basis by the Provincial health department. The agreement also envisaged that the Provincial Government did not have any concern with the terms and conditions of the services of the employees as they were employed by the private company who paid and supervised them and was responsible for all matters regarding their contractual employment. Present case was a clear case of bona fide outsourcing, an arms length transaction where a private company entered into an agreement with the Provincial government to provide certain services, for a certain period of time. Such services were to be provided by the private company by employing its own staff which was…

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