The present appeal has been preferred against the judgment dated 07.03.2018 whereby the grievance petitions made by the appellants were allowed conditionally that the appellants who fulfilled the criteria laid down by the Government of the Punjab vide No. SO-ADMN-II (LG ) 3-55/2007 dated 03.03.2016 be regularized with back benefits.
2. The appellants made separate grievanc e petitions before the learned Presiding Officer, Punjab Labour Court No. VIII, Bahawalpur seeking their regularization in service on the ground of successfully completing their probation period and attaining the status of a permanent employee after serving more than nine months of regular service.
3. The grievance petitions were contested by the, respondents and the learned trial Court after recording the evidence and hearing the parties allowed the grievance petitions conditionally , hence the present appeal.
4. The learned counsel for the appellant has contended that the appellants had fulfilled the requirements for becoming a permanent workman under Para 1(b) of the Schedule to West Pakistan Industrial and Commercial Employment (Standing Orders) Amendment Act, 2012. They being engaged on work of permanent nature had satisfactory completed the probation period of three months but the learned trial Court while allowing the grievance petitions has imposed a condition that the criteria laid down by the Government of the Punjab for regularization of workman be observed at the time of their regularization, this condition is illegal, therefore the impugned judgment to this extent is liable to be modified. Learned counsel has relied on 2012 PLC (CS) 968 & NLR 2016 Civil 434 .
5. On the other hand learned counsel for the respondents has contended that that condition imposed by the learned trial Court is in accordance with law and the respondent-establishment has regularized the services of the appellants who had fulfilled the criteria laid down by the Government of the Punjab, the appeal is incompetent to be dismissed.
6. I have heard learned counsel for the parties and has perused the record minutely .
7. The learned trial Court while allowing the grievance petitions has observed that a criteria has been laid down by the Government of the Punjab for regularization the services of the daily wagers and work charge employees and has circulated the same vide a letter dated 03.03.2016 which is required to be followed by the department at the time of regularization of the services of the work charge employees.
8. Vide Letter No. SO-ADMN-II (LG) 3-55/2007 dated 03.03.2016 the Government of the Punjab has approved the following criteria to regularize the services of the work charge employees:- a. Age of the employee at the time of initial appointment. b. Whether the employee who continues to perform his duty on work charge has already not crossed the age of superannuation. c. How many of them have been employed for more than three years. d. How many employees have been hired against sanctioned post reserved for work charge. e. Whether these employees fulfill the criteria-laid down for regular appointment. f. Whether the existing employees do not fulfill the prescribed requirements of the post presently hired against. g. Whether the employees hired in this contest were selected under any due process after due publicity of posts and determination of merit.
The same criteria has also been reproduced in the judgment dated 20.05. 2011 of the August Supreme Court of Pakistan in C.P . No. 1259-L of 20 10.
9. In another Letter No. SO.Amn-II(LG)Misc/2015 dated 30.09.2016 issued by the Government of the Punjab it has been observed: "It is pertinent to mention here that the Government has formulated a policy for regularization of daily wage employees under directions of the Honourable Lahore High Court in Writ Petitions Nos. 8286/09, 2375/10, 7995/09, 13143/09 & 9047/09 and the said policy got affirmation/ approval of the August Supreme Court of Pakistan vide order dated 20.05.201 1 passed in C.P . No. 1259-L of 2010."
The case law produced by the learned counsel for the appellants is not directly applicable to the facts and circumstances of the present case.
10. The Government departments and the officers are not freelancer , they are bound to perform their duties in accordance with law, rules and regulations issued by the Government, if the authorities are directed to proceed and perform their duties in accordance with law then it is no illegality or irregularity . In the instant case the respondent- establishment has been asked by the learned trial Court to regularize the services of the appellants in the light of criteria laid down by the. Government of the Punjab vide letter dated 03.03.2016 mentioned above. The impugned judgment is in accordance with law, the same is hereby maintained. The appeal is without merit, the same is hereby dismissed. File be consigned to the record-room after due completion.