Law:

Section:

(On Appeal from the /order of Lahore High Court, Lahore, dated 17-6-1989 passed in Writ Petition No. 4375 of 1986) (a) Constitution of Pakistan (1973)--- ----Art. 185(3)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 7---Leave to appeal was granted to examine, whether work charge establishment of Government could be declared to be permanent employees on strength of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 and whether certain instructions of Government itself were not otherwise available for benefit of respondents/employees. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ----S. 1---West Pakistan Buildings and Roads Department Code Rr.1.107, 1.108 & 1.109---Working conditions of work charge establishment---Applicability of Ordinance VI of 1968---Statutory rules being in existence, provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 were not applicable to work charge establishment; such establishment could not be declared permanent under rules applicable to them, nor could they be granted all those benefits which were available to permanent employees including seniority, promotion and service being treated as pensionable etc. (c) Constitution of Pakistan (1973)--- ----Art. 185(3)---Appeal---Working conditions of work charge establishment--­Government placing on record copy of its policy whereby employees not exceeding fifty per cent of work charge establishment were to be absorbed starting from those who had rendered longest service on such establishment--­Facts mentioned in Constitutional petition showed that respondents did not have very long service prior to their invocation of jurisdiction of Labour Court---Such respondents would have to seek absorption on their own turn and in terms offered by Government and not through Constitutional jurisdiction---Decisions of Labour Court, Labour Appellate Tribunal and High Court whereby respondents were declared to be permanent employees, were set aside. Gulzar Ahmad Qureshi, Advocate instructed by Rao Muhammad Yousaf Khan,…

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