GOVERNMENT OF KHYBER PAKHTUNKHWA, WORKERS WELFARE BOARD vs RAHEEL ALI GOHAR S

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

GOVERNMENT OF KHYBER PAKHTUNKHWA, WORKERS WELFARE BOARD VS RAHEEL ALI GOHAR S.11-B(3)---Contractual employees of Workers' Welfare Board, Khyber Pakhtunkhwa ('the Board') employed in technical institutes---Regularization in service---Legality---Employment of all the respondents (employees) was contractual in nature and none of their contracts contained any provisions for regularization---Besides all the appointments in the present case were illegal and not made through the mechanism provided for in the Workers' Welfare Fund Ordinance, 1971 ('the Ordinance')---All such appointments were made by a person who was not authorized to make the same by virtue of S.11-B(3) of the Ordinance---Appointments made by the Secretary of the Board had come under question based on the various allegations and charges of corruption, nepotism, and illegal acts brought against him and several other officers of the department before the accountability courts---Impugned judgment of the High Court whereby respondent-employees were regularized in service was set aside---Supreme Court highlighted some of the irregularities and violation of laws in the process of making appointments to different posts by the Board and passed appropriate directions. Citation Name: 2021 PLC(CS) 125 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA, WORKERS WELFARE BOARD VS RAHEEL ALI GOHAR art. 199---Master and servant, relationship---Contract employees---Constitutional petition filed by contractual employees seeking regularization in service---Maintainability---Contractual employees, who were governed by the principle of master and servant, did not have the right to approach the High Court (in its constitutional jurisdiction) to seek redressal of their grievances relating to regularization. Citation Name: 2021 PLC(CS) 125 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA, WORKERS WELFARE BOARD VS RAHEEL ALI GOHAR Contract employees--- Regularization in service--- Scope---Contractual employees had no automatic right to be regularized unless the same had specifically been provided for in law. Citation Name: 2021 PLC(CS) 125 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA, WORKERS WELFARE BOARD VS RAHEEL ALI GOHAR Ss. 4(1), 6 & 11---Funds provided to the Workers' Welfare Board ('the Board')---Scope---Such funds were in the nature of a trust and it was the responsibility first of the Provincial Government and thereafter of the Board to ensure that such funds were utilized in a most responsible, conscientious and honest manner with the object of advancing the welfare of the workers, contributions on whose account, constituted the substratum of the funds---Further, its affairs must be subjected to regular audit by an independent government agency.

GOVERNMENT OF KHYBER PAKHTUNKHWA, WORKERS WELFARE BOARD vs RAHEEL ALI GOHAR S — 2021 PLC(CS) 125 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2021 PLC