MOAZZAM HAYAT (MEMBER).--- Appellant Syed Saqlain has filed the present appeal for regularization of his service as Technician with effect from the date he became a permanent employee of the respondents by operation of law. According to him he had become permanent employee of the respondents in the month of February, 1995.
2. It is stated in the memo. Of appeal that appellant had served the respondents continuously for a period of more than 90-days and 183 days in a calendar year so he had become a permanent workman by the operation of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. His second contention is that similarly placed Technicians have been regularized, therefore, he is entitled to same treatment under Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973.
3. The appeal is resisted by the respondents. It is stated that the appeal has become infructuous since the appellant has been regularized in service w,e,f, 1-9-2004 vide order dated 5-1-2005.
4. We have heard the learned counsel for the parties and have also perused the record.
5. It is correct that the respondents have regularized the service of the appellant w,e,f, 1-9-2004 order, dated 5-1-2005 but his appeal has not become infructuous for the reason that he has claimed regularization w,e,f, February, 1995. In para.3 of the memo. Of appeal the appellant had categorically stated that he was employed as Technician in November 1994 by the respondent No,3 and was still serving in that capacity. In the written objections the respondents have admitted that the appellant had been appointed as daily wager in November 1994. It is, however, not admitted by them that the appointment of the appellant was made as Technician. Be that as it may, the respondents have admitted that the appellant had been appointed in November, 1994.
His this contention has not been controverted that he is still in service of the respondents. In the circumstances and keeping in view the order of the respondents dated 5-1-2004 with regard to regularization of his services we hold that the appellant is in the continuous service of the respondents from the date of his appointment as daily wager. We further hold that the appellant had been working against the post of a permanent nature. Keeping in view the length of his service he is entitled to regularization w,e,f, February, 1995, as prayed for by him. The West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 clearly says that a permanent workman is a workman who has been engaged to work against a post likely to last more than nine months. In the present case the appellant has to-date worked for about eleven years with the respondents. As such there is no legal hurdle in declaring that he had acquired the status of a permanent workman.
6. For the above reasons we hold that the appellant has acquired the status of a permanent workman under the West Pakistan Industrial and Commercial Employment (Standing Orders)
Ordinance, 1968. He is justified in claiming regularization of service with all benefits. The appeal is accordingly allowed. The respondents are directed to regularize the service of the appellant in appropriate grade w,e,f, February, 1995. He shall also be allowed all the consequential benefits as are admissible to permanent employees of the respondents.
7. No orders as to costs. Parties be informed.