Case Details

Citation(s)
2021 SLG 1345 2021 SLD 1345 2021 SCMR 609
Supreme Court of Pakistan
Civil Appeals Nos. 936 and 937 of 2020, decided on 18th February, 2021, Date of hearing: 18th February, 2021. (On appeal against the judgment Dated 07.04.2020 passed by the High Court of Sindh, Karachi in Constitutional Petitions Nos. D-5850 and D-5851 of
IJAZ UL AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE GULZAR AHMED, CHIEF JUSTICE
Asim Iqbal, Advocate Supreme Court for Appellant (in both cases). Malik Naeem Iqbal, Advocate Supreme Court (Islamabad) and Mrs. Abida Parveen Channar, Advocate-on-Record (through video link from Karachi) for
Respondent No. 1.

MESSRS SUI SOUTHERN GAS COMPANY LTD.

VS

ZEESHAN USMANI AND OTHERS

Law:

Section:

(a) Master-servant--- ----Contract employees of Sui Southern Gas Company Ltd.---Plea for regularization in service, dismissal of---Admittedly, the respondents were contract employees and their relationship was governed by the principle of master and servant---Regularization of the respondents was not part of the terms and conditions of their service because for that purpose statutory rules were required and admittedly there were no statutory rules for Sui Southern Gas Company Ltd.---Appeals were allowed. (b) Master-servant--- ----Contract employees---Such employees had no vested right to claim regularization. Government of Khyber Pakhtunkhwa Workers Welfare Board v. Raheel Ali Gohar 2020 SCMR 2068 ref. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- Through these appeals under Article 185 of the Constitution of Islamic Republic of Pakistan, 1973, the appellant has called in question the legality of the impugned consolidated judgment dated 07.04.2020 passed by the High Court of Sindh, Karachi, whereby the Constitutional Petitions filed by the respondents were disposed of and the appellant department was directed to regularize them in service. 2. Briefly stated the facts of the matter are that respondent No. 1 in both the appeals were appointed in the appellant Sui Southern Gas Company Ltd on contract basis vide order dated 14.11.2012. They remained working on contract until 31.12.2017 but were not regularized and their contract stood terminated on the said date i.e. 31.12.2017. It appears from the record that the appellant had framed a policy i.e. Uniform Recruitment and Promotion Policy for regularizing the services of contract employees on the basis of certain criteria. Against the said policy, some of the colleagues of the respondents approached the High Court of Sindh for their regularization by filing Constitutional Petitions Nos. D-3759 and S-4422 of 2017 which were allowed and the appellant department was directed to regularize them in service. This judgment was upheld by this Court vide order dated 12.03.2018 passed in Civil Petitions Nos. 67-K and 68-K of 2018. To get the same relief, the respondents also filed Constitutional Petitions Nos. D-5850 and…
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