| Citation(s) |
|---|
| 2021 SLG 1399 2021 SLD 1399 2021 SCMR 1008 |
Supreme Court of Pakistan
Civil Appeals Nos. 864 to 872 of 2017 and Civil Appeals Nos. 1090 to 1116 and 1059 to 1075 of 2019 and Civil Petitions Nos. 324 to 334, 430 and 431 of 2019, 2853 of 2016 and C.M.A. No. 5767 of 2016 and Civil Petitions Nos. 2104 to 2109 and 2980 to 3006 of
SYED MANSOOR ALI, JUSTICE, SHAHAND YAHYA AFRIDI, JUSTICE
Hafiz Hafiz ur Rehman, Advocate Supreme Court and M.A. Sheikh, Advocate-on-Record for Appellants (in C.As. Nos.864-872/2017, 1059-1075/2019 and 2853/2016). Jawad Mahmood Pasha, Advocate Supreme Court for Appellants (in C.As. Nos. 1090-1116, 324-334, 430-
Civil Appeals Nos. 864 to 872 of 2017 and Civil Appeals Nos. 1090 to 1116 and 1059 to 1075 of 2019 and Civil Petitions Nos. 324 to 334, 430 and 431 of 2019, 2853 of 2016 and C.M.A. No. 5767 of 2016 and Civil Petitions Nos. 2104 to 2109 and 2980 to 3006 of
SYED MANSOOR ALI, JUSTICE, SHAHAND YAHYA AFRIDI, JUSTICE
Hafiz Hafiz ur Rehman, Advocate Supreme Court and M.A. Sheikh, Advocate-on-Record for Appellants (in C.As. Nos.864-872/2017, 1059-1075/2019 and 2853/2016). Jawad Mahmood Pasha, Advocate Supreme Court for Appellants (in C.As. Nos. 1090-1116, 324-334, 430-
DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS, RAWALPINDI AND OTHErs
VS
SYED USMAN ALI AND OTHERS
Law:
Section:
Civil service--- ----Temporary Labour Appointments/daily wagers in Pakistan Railways---Regularization in service---Whether date of regularization would operate from the date of initial appointment---Held, that respondents-employees were appointed as daily wagers/Temporary Labour Appointments (TLAs) in the year 2006/2007---Subsequently their services were regularized with immediate effect under the Regularization Policy, 2012---As the said Policy of 2012 was with immediate effect i.e. 20-02-2012, the respondents could not claim the regularization from the date of their initial appointment---Furthermore previous Regularization Policies of 1985 and 2000 were not applicable to the respondents---No illegality was found in the regularization of the respondents under Regularization Policy, 2012 from the date of regularization i.e., 20-02-2012---Appeals were allowed and impugned of Service Tribunal was set aside. JUDGMENT SYED MANSOOR ALI SHAH, J. who were working as daily-wagers or on Temporary Labour Appointment (TLA) for Pakistan Railways, were regularized in terms of Regularization Policy dated 20.02.2012, with immediate effect. The claim of the respondent employees is that they ought to have been regularized from the date of their initial appointment i.e., 2006/2007. 2. The question before this Court is to identify the Regularization Policy announced and adopted by Pakistan Railways which is applicable to the case of the respondents. It is an admitted position that the respondents were appointed as daily wagers/TLAs in the year 2006/2007. The Chief Executive Officer of Pakistan Railways along with Human Resource Head tendered appearance and have filed all the Regularization Policies announced or approved by Pakistan Railways. It is important to reproduce these policies in a chronological order; i. Regularization Policy, 1985 (dated 21.04.1985) PAKISTAN RAILWAYS, HEADQUARTERS OFFICE, LAHORE No:- 831-E/ 132-XIV(E.Policy) Dated: -21-4- 1985 All Divisional Superintendents, (including D.SW Moghalpura and Extra Divisional Offices, Pakistan Railways. REGULARIZATION OF SERVICES OF WORKERS APPOINTED ON AD HOC BASIS/ SUBSTITUTES. It has been decided that all the (Workers)…
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