Case Details

Citation(s)
2026 SLD 3190
Islamabad High Court
Writ Petition No. 2831 of 2020
Presented By: ARBAB MUHAMMAD TAHIR
                                   15.06.2022           M/s Ms. Zareen Kanwal and Yasir Mehmood Chaudhry Advocates for petitioner in all the connected petitions,   M/s Ms. Kashifa Niaz and Saqib Ali Advocates for respondents CDA & MIC,   Syed Nazar Hussain Shah learned AA-G.  

Ilyas Masih

VS

MCI etc. 

Law:

Section:

    ORDER SHEET                                             The captioned writ petition as well as writ petitions (WP 828 & 4176 of 2021 and 404 of 2022) entail common question of law and facts, therefore, being decided through this single order.   The petitioners in all the petitions except WP No.828/2021, are sanitary workers, hailing from Christian Community, working as contingent-paid with contractor, third-party. WP No.828 of 2021 was brought by Mr. J Salik, as public interest litigation highlighting discrimination with sanitary works and non-payment of their salaries.   Ilyas Masih, a sanitary work, whose petition is prior in time, had prayed for a direction to the respondents to ensure disbursement of monthly salary of Rs. 17500/- to all sanitary workers till 15th of each month and to treat them at par with other citizens and also to submit complete record of the sanitary workers, their appointment structure, working hours etc.    Mr. J. Salik came up with the prayer to direct the respondent CDA to restrain from outsourcing the job of sanitary workers relating to Christian Community and to refrain from taking any action detrimental to the rights of the minorities.   The petitioners, eight in number, in Writ Petition No. 4176 of 2021, restricted their prayer to direct the respondents to disburse their wages in due course while petitioners, 34 in number, in Writ Petition No. 404 of 2022, pray for regularization of their services besides direction to the respondents to refrain from terminating their services.   It is significant to note that upon the orders of this Court, the Director General (Human Rights) had also given personal hearing to one of the petitioners namely Ilyas Masih and other sanitary workers and observed that the sanitary workers are employed without any written service agreement and that the concerns/demands of the sanitary workers may be shared with MCI and CDA authorities for necessary action as per law in…
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