MUHAMMAD AMEER BHATTI, J. Through this constitution petition, the petitioner has called-in-question the letter dated 18.06.2019 issued by respondent No.1 whereby he directed the firms/companies to provide the evidence regarding payment of salary of Engineers through transactions between the firm's account and the salary account of Engineers in order to consider the petitioner's case qua renewal of his firm claiming that same is contrary to the Construction and Operation of Engineering Works Bye-Laws, 1987.
2. To substantiate his contention, learned counsel for the petitioner has drawn my attention towards the provision of sub-bye-law 5 clause (d)(iv) of bye-law 2(A), which is as under:- "bank statement or certificate from employer's or employee's bank statement regarding transaction of salary into engineer's account, duly supported with cross cheque or deposit slip or personal appearance of engineer or copy of supervisory certificate; and"
It is contended that to record the statement of an engineer-employee regarding payment of salary is also permissible, therefore, the demand of documents by respondent No.1 to establish the payment of salary through the impugned letter is unwarranted and uncalled for; hence, not sustainable in the eye of law.
3. I have heard the learned counsel for the petitioner and gone through the impugned letter as well as the relevant provision of law. No doubt one of the modes to provide the payment of salary is personal appearance of Engineer but at the same time the other modes are equally effective and through any one of the same the confirmation of payment of salary can be ensured. Even otherwise employed Engineers must have been made the payment of salary through cross cheque or it should otherwise be transferred to their accounts removing all ambiguities. In the present system being introduced by the Government the oral statement of the Engineer regarding confirmation of payment of his salary to him has become redundant and legislature must have deleted this provision from the Bye-Laws, therefore, I am of the view that the demand of respondent No.1 to produce the relevant documents showing the transaction of payment of salary between firm's account and the salary accounts of Engineers is in strict compliance of the provision of law. Even otherwise they had been informed on the previous renewal proceedings by obtaining their undertaking that in future transactions regarding payment of salary will be produced between the firm's account and the salary account of the Engineers and on the basis of that the renewal will be considered. In this view of the matter, this petition has no force and dismissed-in-limine.