Law:

Section:

(a) west Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---S. 1(4)(c), proviso --- Constitution of Pakistan (1973), Art. 185(3)--­Temporary work-charged staff employed in Pakistan Public Works Department was declared to be entitled to such financial terms and conditions as would be admissible to them if they were regular temporary Government servants by order of the President of Pakistan --- Leave to appeal was granted to consider the effect of proviso to S. 1(4), proviso of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, which excludes the applicability of provisions of said Ordinance to employees (like the respondents) in respect of whom statutory rules existed; even if the said Ordinance was applicable whether the employees could be taken to be permanent employees in view of Supreme Court decision in Muhammad Yaqoob v. Punjab Labour Court No. I and 5 others 1990 SCMR 1539 and whether in view of Supreme Court decision in Faqir Muhammad v. Director of National Savings, Multan PLD 1992 SC 127 such employees could not be held to be engaged in the administration of the State. Province of Punjab and 3 others v. Gul Hassan and 33 others 1992 PLC 924; Muhammad yaqoob v. The Punjab Labour Court N o. I and 5 others 1990 SC.MR 1539 and Faqir Muhammad v. The Director of National Savings, Multan Region, Multan PLD 1992 SC 127 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---- Sched., para. 1, cl.(b) & S. 2(i) --- Permanent worker --- Determination--­Principles --- Period of employment is not the sole determining factor --- If the nature of work for which a person is employed is of a permanent nature, then he may become permanent upon expiry of the period of nine months mentioned in terms of Sched., para. l(b) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 provided he is covered by the definition of term "worker" as given in S.2(i) of the said Ordinance --- If, however, the work is not of permanent nature and is not likely to last for more than nine months, then he is not covered by the…

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