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1995 SCMR 21

DEPUTY DIRECTOR, ADMINISTRATION AND COORDINATION, FAISALABAD

Citation1995 SCMR 21
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Leave to Appeal Nos. 364 to 370-L of 1994
Date1994-05-08
Judge(s)Manzoor Hussain Sial, Saad Saood Jan
ResultLeave granted

ORDER

' SAAD SAOOD JAN, Actg. 0,---These petitions for special leave to appeal are directed against the same judgment of the Lahore High Court whereby it dismissed the Constitution petitions preferred by the petitioners against the order of the Labour Court.

2. The respondents have been in the employment of the petitioners for the last five years without any break. They form part of its work-charged establishment. They moved applications before the Labour Court at Faisalabad for a declaration that they were in the permanent employment of the petitioners within the meaning of Standing Order No,1 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. Their applications were allowed and the petitioners were directed to regularise them in service. The petitioners filed appeals before the Punjab Labour Appellate Tribunal but without any success. They then invoked the Constitutional jurisdiction of the High Court but their petitions were dismissed.

3. In support of these petitions it is contended that the employment of the respondents was not of permanent nature even though it had been continuing for more than nine months. The Faisalabad Development Authority was engaged in carrying out many projects. When one of its project is completed the work-charged establishment is to be shifted to another project. The respondents cannot be regarded as in permanent employment within the meaning of Standing Order No,1, ibid. In support of this contention reference has been made to a judgment of this Court in Muhammad Yaqoob v. Punjab Labour Court No,1 (1990 SCM R 1539).

4. The contentions raised in support of these petitions need examination. Leave to appeal is granted.

Cited by 2 cases

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