Law: Constitution of Pakistan, 1973

Section: 199

Law: Companies Act, 2017

Section: 42

Summary of the Judgment

The petitioners, employees of Karachi Tools, Dies and Moulds Centre (KTDMC), sought the regularization of their services, arguing they had served since 2007/2008 in permanent positions and were entitled to regularization based on precedents. The respondent (KTDMC) contended that there were no statutory service rules for regularization, and thus such petitions could not be entertained under Article 199 of the Constitution. The Court, after reviewing the relevant laws and Supreme Court judgments, held that regularization can only occur if supported by explicit law or government policy, neither of which existed in this case. It emphasized that regularization is an executive policy matter and not subject to judicial directive unless constitutional rights violations are evident. The Court dismissed the petitions, stating they were not maintainable under Article 199 for enforcement of non-statutory regularization.

Core Points

No Automatic Right to Regularization: Regularization of contractual employees requires a clear legal basis or policy; service alone is insufficient.

KTDMC Lacks Statutory Service Rules: As KTDMC has no statutory rules or regularization policy, enforcement via constitutional petition is not possible.