Law:

Section:

Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------S.O. 1(1)(b)---Punjab Industrial Relations Act (XIX of 2010), Ss.33 & 47---Permanent workman---Status of---Regularization of service---Grievance petition---Employees who were low paid, were appointed as work charge employees against permanent posts---Appointment of such employees ranged from the years 1993, 2001 and 2006; they continued to serve the department without any break or blemish and were being paid their salaries regularly---Request of the employees for regularization of their service having not been considered by the department they filed grievance petition, which petition was accepted by the Labour Court---Validity---Employees had been regularly serving in the department, but they were issued letters in order to ensure that they could not claim permanent status of their employment---Number of colleagues of the employees had already been regularized by the department, but the employees had been deprived for the same---Work for which the employees had been performing their duties was of permanent nature and they had been rendering services for a long period, which was much beyond the period contemplated by provisions of Standing Orders Ordinance, 1968---Employees could not be said to be temporary workers, but as they had been working against permanent posts, had become permanent workers by length of their service---Labour Court, in circumstances, had rightly accepted grievance petition of the employees with direction to the department to pay all arrears of the salaries to the employees as regular employees---Appellate Tribunal, however allowed 50% back-benefits and with such modification appeal was dismissed and of the Labour Court was upheld. Ikram Bari v. National Bank of Pakistan 2005 SCMR 100 and Hameed Akhtar Niazi's case 1996 SCMR 1185 rel. Muhammad Younus Joiya for Appellants. M.H. Sajid Sial for Respondents. Date of hearing: 19th May, 2011. JUDGMENT ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- All the captioned three appeals are directed against the orders dated 23-7-2010 passed by the learned Presiding Officer, Punjab Labour Court No.5 Sargodha whereby the grievance…

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