MUHAMMAD IDREES ABBASI vs The NEWS PUBLICATIONS (PVT — 2024 PLC 155 IMPLEMENTATION-TRIBUNAL-FOR-NEWSPAPER-EMPL

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

MUHAMMAD IDREES ABBASI VS The NEWS PUBLICATIONS (PVT.) LIMITED, RAWALPINDI S. 13 (1) (c)---Civil Procedure Code (V of 1908), O.VII, R.10 & S.151---Petition filed by an employee of a company / contractor which (company) was engaged (outsourced) by the management/ establishment of the newspaper---Implementation Tribunal for Newspaper Employees ('Tribunal'), jurisdiction of---"Worker and workman"---Term "Employed by the company"---Respondent (management/ establishment of the newspaper) filed application under O. VII, R. 10 of the Civil Procedure Code, 1908, for return of the (main) petition (filed by an employee of the company / contractor)---Plea of the respondent (management/establishment of the newspaper) was that as the applicant was an employee of an "outsourced contractor" (not having being impleaded by the applicant) the Tribunal has no jurisdiction to entertain his application ---Validity---The words " employed by the company" are wide enough to include workmen employed by the contractors of the company , if the contractor engaged the workers for running of the affairs of the company and not for some other independent work, which has no concern with the production of the company, which constituted one of the principal organ of the company; the machines belong to the company; the raw material is supplied by the company and the said department is controlled by the supervisors of the company; the employees of the contractor shall be the employees of the company; the employees engaged directly or through a contractor would be deemed to be the employees of the company for whose benefits they perform functions---Even though control test is an important test, it is not the sole test; a multiple pragmatic approach weighing up all the factors for and against the employment has to be adopted, including an "integration" test ; and if the contract is found to be not genuine and a device to deprive the employees from their legitimate rights / benefits, the so-called contract employees will have to be treated as the employees of the company---It has become a practice on part of the employer to frustrate not only the provisions of law for the time being in force but also to deny the fundamental rights of life , trade, service and family of the employees by adopting deceptive measures in order to deprive its employees from their legitimate rights as guaranted by the Constitution and outsourcing of the service is just an example---Courts can not close their eyes but lift corporate veil for purposes of ascertaining real motive behind a scheme---Correct approach for sanctioning of a scheme was that the same should not be scrutinized in the way of a carping critic, a hair-splitting expert, a meticulous accountant or a fastidious counsel, each trying to find out from his professional point of view that loopholes were present in such a scheme ; what technical mistakes have been committed or what legal rights of one or other sides have not been protected---Implementation Tribunal for Newspaper Employees directed the respondent to provide its (contractor company's) details / documents (its legal status etc) and the agreement executed between the respondent / management and said company---Application under O.VII, R.10, C.P.C., for return of the petition before the Tribunal was dismissed.

MUHAMMAD IDREES ABBASI vs The NEWS PUBLICATIONS (PVT — 2024 PLC 155 IMPLEMENTATION-TRIBUNAL-FOR-NEWSPAPER-EMPLOYEE

Case information

Judgment text as reported

Other judgments reported in 2024 PLC