| Citation(s) |
|---|
| 2025 SLG 3886 2025 SLD 3886 = 2025 SHC 1427 |
Constitutional Petition No D-5649 of 2020 Constitutional Petition No D-8209 of 2018 Constitutional Petition No D-9012 of 2018 Constitutional Petition No D-3553 of 2019
Mr. Justice Muhammad Karim Khan Agha Mr. Justice Adnan-ul_Karim Memon
Mr. Ali Asadullah Bullo advocate for the petitioners. Mr. Khalid Javed advocate for the respondent-PIDC Ms. Wajiha Mehdi, Assistant Attorney General.
(Asif Ali & 22 others v Federation of Pakistan & others) (Syed Wahid Ali & 21 others v Federation of Pakistan & others) (Syed Aneesuddin & 30 others v Federation of Pakistan & others) (Fida Muhammad & 10 others v Federation of Pakistan & others v Federation of Pakistan & others)
Law: Constitution of Pakistan, 1973
Section: 199
Law: Companies Act, 2017
Section: 42
Summary:
The petitioners, contractual employees of Karachi Tools, Dies and Moulds Centre (KTMDC), sought regularization of their services based on long-term employment and potential loss of retirement benefits. The Court held that regularization requires a legal basis or policy, which was absent in this case, and that contractual employees have no automatic right to regularization. The petitions were dismissed as not maintainable under Article 199 of the Constitution.
Core Points:
- Petitioners are contractual employees seeking service regularization after years of continuous service starting from 2008.
- KTMDC is a government-controlled subsidiary without statutory service rules or a regularization policy.
- Regularization requires a clear legal basis or policy, supported by fair performance assessment.
- Contractual and regular employment differ materially, affecting rights and benefits.
- Supreme Court precedent confirms no automatic right to regularization without law or policy.
- Courts generally do not interfere in policy decisions regarding regularization, respecting institutional autonomy.
- Petitioners cannot enforce regularization through constitutional petitions under Article 199 without legal support.
- The petitioners’ claims were dismissed due to lack of maintainable cause.
Law and Section Table:
| Law / Case Name | Section / Article | Citation |
|---|---|---|
| Constitution of the Islamic Republic of Pakistan | Article 199 | Constitutional jurisdiction |
| Companies Act, 2017 | Section 42 | Registration of KTMDC |
| Public Sector Companies (Corporate Governance) Rules, 2013 | - | Governance of public sector entities |
| Vice Chancellor Agriculture University, Peshawar v Muhammad Shafiq | - | 2024 SCMR 527 |
| Federation of Pakistan v Fazal-e-Subhan | - | PLS 2024 SC 515 |
| Government of Khyber Pakhtunkhwa v Sher Aman | - | 2022 SCMR 406 |
| State Oil Company Limited v Bakht Siddique | - | 2018 SCMR 1181 |
O R D E R