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1990 PLC 538

MUHAMMAD BAKHSH and another vs ZILA COUNCIL, JHANG

Citation1990 PLC 538
CourtLabour Appellate Tribunal
Case No.Appeals Nos.JG-116 and 117 of 1987
Date1987-10-07
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultAppeals accepted

The appeals captioned above emerge from the decision dated 28-3-1987 recorded by learned Presiding Officer, Punjab Labour Court No,5, Faisalabad whereby the grievance petitions of the appellants for their regularisation in service as Baildar were dismissed. The ground given by the learned lower Court is that the respondent had already passed a resolution and recommended to the Government for the regularisation of the services of the appellants, therefore, they were no longer aggrieved parties. The ground given by the learned lower Court for dismissing the petitions is not cogent. Merely passing a resolution and sending it to the Commissioner for regularisation is not sufficient. If the services of the appellants had been regularised from the date claimed by them only then it could be said that they were no longer aggrieved parties. It has also been argued by the learned counsel for the respondent that the appellants have been regularised in 1987. Such a regularisation of service does not satisfy the grievance of the appellants. They claimed regularisation from the date they were taken in service. The Commissioner of Sargodha Division had asked the respondent vide letter Ex.P-5 to regularise the services of the Baildars, but the respondent did not comply with the order. Ex.P-5 is dated 9-6-1975. The appellants, therefore, got a right from the said date to be regularised as Baildars. Learned counsel for the respondent has argued that since the respondent District Council has no sufficient means, therefore, the instructions contained in Ex.P-5 were not acted upon. This argument has no force. The respondent may have asked the Commissioner for the supply of funds but it could not ignore the instructions contained in Ex.P-5. The appellants got a cause of grievance on account of the non-compliance of the said letter and, therefore, the learned lower Court should have accepted their petitions.

2. As a result the appeals are accepted and the respondent is directed to regularise the services of

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