MUHAMMAD ASLAM vs FEDERATION OF PAKISTAN Daily wagers (Chowkidars) — 2022 PLC(CS) 56 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASLAM VS FEDERATION OF PAKISTAN Daily wagers (Chowkidars)---Regularization in service---Public limited company---Discrimination---Held, that 'Pakistan Agricultural Storage and Services Corporation' (PASSCO) was a public limited company registered under the Companies Act---Human Resource Policy, 2011 (H.R. Policy) was formulated by Board of Directors of PASSCO---Policy, 2011, was non-statutory in nature and was meant for internal working---Method of recruitment for their employment of permanent and temporary employees was altogether different---Permanent employees were recruited according to the HR Policy, 2011, while temporary employees/daily wagers according to the letter dated 28/11/2014---Huge number of seasonal workers were recruited on temporary basis who were called chowkidars and were appointed seasonally on contract basis as and when required according to wheat stock and for its security and safety for a specific period---Services of petitioners were hired for 85 days in the light of said letter, therefore, they were bound by the terms and conditions as settled in the same letter---Recruitment order had further clarified that petitioners' job was purely on temporarily basis---Petitioners' services stood terminated automatically without any prior notice on completion of task/disposal of stock and they could not claim regularization of their services---Keeping in view the nature of business, it was not feasible to appoint chowkidar on permanent regular basis---Break up in the services of petitioners/daily wagers was genuine and not artificial---Four supervisors and 35 persons out of almost 700/800 daily wagers were regularized to change nomenclature of 4 minor crops---Petitioners failed to make all the regularized persons as party in their petitions, therefore, no effective order can be passed against them in their absence---Petitioners failed to establish commission of any discrimination, infringement of their fundamental rights by the said regularization, or violation of service regulations---Contractual employees had no automatic right to be regularized---Constitutional petitions were dismissed accordingly.

MUHAMMAD ASLAM vs FEDERATION OF PAKISTAN Daily wagers (Chowkidars) — 2022 PLC(CS) 56 LAHORE-HIGH-COURT-LAHORE

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