| Citation(s) |
|---|
| 2004 SLG 1506 2004 SLD 1506 2004 PLC 449 |
Supreme Court of Pakistan
Civil Petitions Nos. 1728-L and 1729-L of 2000, decision dated: 26-08-2003. (On appeal from the judgment dated 15-5-2000 of the Federal Service Tribunal, Lahore, passed in Appeals No.730(L) to 764 (L) of 1998).
JAVED IQBAL AND KARAMAT NAZIR BHANDARI, JJ
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Civil Petitions Nos. 1728-L and 1729-L of 2000, decision dated: 26-08-2003. (On appeal from the judgment dated 15-5-2000 of the Federal Service Tribunal, Lahore, passed in Appeals No.730(L) to 764 (L) of 1998).
JAVED IQBAL AND KARAMAT NAZIR BHANDARI, JJ
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ABDUL QAYYUM KHAN and others
VS
CHAIRMAN, PAKISTAN TELECOMMUNICATION COMPANY LIMITED and others
Law:
Section:
Pakistan Telecommunication (Re-organization) Act (XVII of 1996)-------S.2(t) & 35(2)---Service Tribunals Act (LXX of 1973), Ss.2-A, 4 & 5---Constitution of Pakistan (1973), Art.212(3)---Work charge/daily wages employees of Pakistan Telecommunication Authority working as such for more than six years---Refusal of Authority to regularize service of such employees---Supreme Court granted leave to appeal to consider, inter alia, the question, whether regularization of such employees depended on whims and wishes of Authority or some comprehensive policy was required to be formulated, as various similarly placed employees had been regularized by Authority in violation of well recognized principle i.e. first come first serve and first come last go. Zahirullah and 13 others v. Chairman WAPDA Lahore and others 2000 SCMR 826; Pakistan Railways through General Manager v. Ghulam Rasool 1997 SCMR 1581 and Muhammad Asim and others v. Pakistan Telecommunication and others 1997 PLC (CS) 1131 ref. Petitioners in Person. Naeem Bokhari Advocate Supreme Court and Ch. M. Khalid Farooq Advocate Supreme Court for Respondent. 1. Ch. Muhammad Din Gorsi, Advocate Supreme Court for Respondent No.3. Date of hearing: 6th June. 2003. JAVED IQBAL, J---These petitions are directed against the judgment dated 15-5-2000 passed by learned Federal Service Tribunal, Islamabad; whereby the appeal preferred on behalf of petitioners have been dismissed. The above captioned petitions are being disposed of by this order as identical questions of law and facts are involved in these petitions. 2. Precisely stated the facts of the case as enumerated in the judgment impugned are that "the appellants herein, were got employed on work charged basis by the authorities of the respondents some time prior to 1996 and the appellants moved a Constitutional Petition No.22687 of 1996 in the Hon'ble Lahore High Court claiming to have become permanent employees by the operation of law with a prayer for order to treat as such for the purpose of salary, wages/increments, seniority and promotion etc. The respondents, therein, at the very outset objected the maintainability of the Constitutional petition in view of…
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