| Citation(s) |
|---|
| 2008 SLG 1758 2008 SLD 1758 2008 SCMR 1058 |
Supreme Court of Pakistan
Civil. Petitions Nos.699/L to 705/L of 2006, decision dated: 25-01-2007.
TASSADUQ HUSSAIN, JILLANI AND SYED, JAMSHED ALI, JJ
Ch. M. Ashraf Mohandra, Advocate Supreme Court for Petitioners. Nemo for
Respondents
Civil. Petitions Nos.699/L to 705/L of 2006, decision dated: 25-01-2007.
TASSADUQ HUSSAIN, JILLANI AND SYED, JAMSHED ALI, JJ
Ch. M. Ashraf Mohandra, Advocate Supreme Court for Petitioners. Nemo for
Respondents
TEHSIL MUNICIPAL ADMINISTRATION, RAHIMYAR KHAN and others
VS
HANIF MASIH and others
Law:
Section:
Industrial Relations Ordinance (XCI of 2002)---Ss. 46 & 48---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.1(b)---Constitution of Pakistan (1973), Art.212(3)---Permanent workman---Determination of---Labour Court held that respondents were permanent workmen and as such were entitled to benefits of a permanent and regular employee Said findings of the Labour Court were affirmed by the High Court---Counsel for the petitioners had admitted that respondents were performing their duties ever since their appointment in 1985 to the best of their ability and there was no complaint against them---When respondents were working for the last more than 20 years against the posts which, were permanent in nature, concurrent orders passed by the Labour Court and affirmed by the High Court were unexceptionable--No case for interference having been made out, petitions for leave to appeal were dismissed. Secretary to Government of N.-W.F.P. Zakat/Social Welfare Department, Peshawar and another v. Sadullah Khan 1996 SCMR 413 and Muhammad Shoaib and 2 others v. Government of N.-W.11:P. through the Collector, D.I. Khan and others 2005 SCMR 85 rel. ORDER TASSADUQ HUSSIAN JILLANI, J.--- This order shall dispose, of Civil Petitions Nos.699-L of 2006, 700-L of 2006, 701-L of 2006, 702-L of 2006, 703-L of 2006, 704-L of 2006 and 705-L of 2006, as the questions of law and fact in all are similar. 2. The respondents in the afore-referred petitions, are employees of the petitioners-Tehsil Municipal Administration, in Grade-I: They were appointed as far back as 1985 and ever since then they are working without any complaint whatsoever. The petitioner-T.M.A. on 17-10-2002, requested the Secretary, Local Government and Rural Development, Government of Punjab to regularize respondents' services since employees similarly placed in Town Committee Kot Samaba were regularized by the Government. The Government refused to accede to the request vide letter, dated 21-3-2005. The respondent-:employees challenged the afore-referred letter before the Punjab Labour Court and the said learned Court vide the order, dated 5-7-2005, allowed their…
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