Law: Industrial Relations Ordinance, 2002

Section: 2 (xxx)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Federal Service Tribunals Act, (LXX of 1973)

Section: 3(2),2(a)

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 2(F)

Law: Payment of Wages Act, 1936

Section: 2(2)

Law: Factories Act, 1934

Section: 2(1)

Law: Railways Act, 1890

Section: 3(4)

Law: Standing Orders Ordinance, 1968

Section: 12(3)

ORDER

Succinctly, respondents No.1 and 2, alongwith others, filed grievance petition before Punjab Labour Court No.I, Lahore seeking regularization of their services, however, the same was transferred to Punjab Labour Court No.II, Lahore (“Labour Court”) pursuant to order dated, 19.08.2004, passed by this Court in Transfer Application (No.2/2004). Finally, Labour Court dismissed the grievance petition vide order, dated 05.09.2005, against which respondents No.1 and 2 filed Labour Appeal No.306/2005 before this Court which was allowed vide order, dated 03.07.2006, and the matter was remanded to the Labour Court for decision afresh. During post remand proceedings, services of other employees, petitioners before the Labour Court, were regularized in view of the policy of the Federal Government whereas the names of respondents No.1 and 2 were left out. In view of regularization of their services, rest of the
 

employees, petitioners before the Labour Court, withdrew their grievance petition on 19.04.2008 whereas respondents No.1 and 2 filed amended grievance petition on 19.07.2008 inter alia challenging the advertisement, dated 17.06.2004, got issued by the relevant authority for recruitment against the posts being held by them and prayed for their regularization. The Labour Court accepted the grievance petition filed by respondents No.1 and 2 vide judgment, dated 23.10.2009, which was assailed by Pakistan Railways through an appeal but without any success as the same was dismissed by the Punjab Labour Appellate Tribunal, Lahore (“PLAT”) vide judgment, dated 17.03.2011; hence, this petition.
2.    Learned counsel for the petitioners submits that since terms and conditions of service of respondents No.1 and 2, alongwith others, were being governed under statutory service rules, they were debarred to approach the Labour Court; that since respondents No.1 and 2 were not in service at the time of decision of their grievance petition, the Labour Court could not order for their regularization until and unless they succeeded to get their reinstatement in service through due process; that bona fide of Pakistan Railways is evident from the fact that those, who were covered under the policy of Federal Government relating to regularization of daily  wage  employees,  were  regularized  whereas