Case Details

Citation(s)
2000 SLG 1617 2000 SLD 1617 2000 PLC 109
National Industrial Relations Commission
Case No. 4 A (206) of 1999 L, decision dated: 15-07-1999
NABI BAKHSH BHATTI, MEMBER

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TAHIR MAHMOOD and another

VS

DIRECTOR (OPERATIONS), NORTH, WASA, L.D.A. LAHORE and 3 others

Law:

Section:

S.Os. 1(1)(b) & 15(4) Regular workman Employees even as per documents produced on record by employer, had completed one hundred and eighty days in service of employer Employees, in circumstances, had attained status of 'regular employees and their services could not be terminated without charge sheet and inquiry nor they could be asked through verbal orders not to come on duty. Muhammad Asim v. Telecommunication 1997 PLC 1131 ref. ORDER It has been argued on behalf of the petitioners that they were appointed as Junior Pump Operators vide order, dated 14 11 1997 and 4 11 1997 respectively and their services continued to be extended from time to time and they completed 180 days with or without artificial breaks and thus, in view of the law laid down by Honourable Lahore High Court, Lahore in 1997 PLC (CS) 1131 in a case titled as 'Muhammad Asim v. Telecommunication' they became permanent employees. It is further argued that his Lordship Mr. Justice Faqir Muhammad Khokhar relying on such case law, has accepted the Writ Petitions of WASA work charge employees vide judgment, dated 28 10 1998 declaring that the work charge employees, after the expiry of 180 days became permanent and appeal against that judgment was also dismissed by the Honourable Supreme Court of Pakistan vide judgment dated 14 4 1999 and 15 4 1999 and thus, the law laid down by the honourable High Court became final and thus, the petitioners became regular employees. According to Supreme Court judgment, dated 14 4 1999, given in work charge employee of WASH, it has been held that after the expiry of 90 days, the work charge employees became permanent and in view of such law laid down by the Honourable Supreme Court, the petitioners became regular employees with effect from 14 2 1998 and 4 2 1998 respectively and their services could not be terminated without charge sheet and inquiry nor they could be asked through verbal orders no to come on duty. 2. The respondents through written statement has denied the contentions of the petitioners in a general way without making specific denial, but at the same time has annexed with reply the appointment letters of one of the petitioners namely Shahid…
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