INSTACLEAR (PVT.) LTD. vs Malik JUMMA TARIQ Retrospective effect — 2024 PLC 292 LAHORE-HIGH-COURT-LAHORE

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INSTACLEAR (PVT.) LTD. VS Malik JUMMA TARIQ Retrospective effect---Remedial statutes---Principle---Statutes remedial in nature can operate with retrospective effect and are applicable to proceedings pending at the time when an Act comes into force---Remedial legislation does not apply to cases which have been finally determined or proceedings which have attained finality. Citation Name: 2024 PLC 292 LAHORE-HIGH-COURT-LAHORE INSTACLEAR (PVT.) LTD. VS Malik JUMMA TARIQ arts. 4 & 25---Equality before law---Service matters---Equal treatment of all similarly placed must be ensured in order to eliminate frustration in society---Employees of any organization are entitled under art. 4 of the Constitution to equality before law and same relief / treatment has to be given to other similarly placed employees. Citation Name: 2024 PLC 292 LAHORE-HIGH-COURT-LAHORE INSTACLEAR (PVT.) LTD. VS Malik JUMMA TARIQ Ss.2(xxxiii), 3 & 88---Constitution of Pakistan, Art.199---Constitutional petition---Worker and workman---Security Guards, Fire Fighters and Supervisors---Scope---Regularization of service---Respondent / employees were holding posts of Security Guards, Fire Fighters and Supervisors who were not regularized in service by petitioners / employers---Both the fora of National Industrial Relation Commission allowed grievance petitions of respondents / employees and directed petitioners /employers to regularize their services---Plea raised by petitioners / employers was that provisions of Labour Laws were not applicable to respondents / employees---Validity---Employees holding posts of Security Guard, Fire Fighter and Supervisor are governed by Industrial Relations Act, 2012---Such workers / workmen can agitate their grievances under Industrial Relations Act, 2012---Regularization of respondents / employees holding posts of Supervisor, Security Guard and Fire Fighter would take effect from the date of promulgation of Industrial Relations Act, 2012, but for their pensionary and other long term benefits, they would be entitled from the date when they joined service---High Court declined to interfere in concurrent decisions passed by two fora below which were based upon correct appreciation of evidence available on record---Both the fora had rightly applied relevant provisions of law---In order to invoke Constitutional jurisdiction of High Court, which was discretionary and equitable in nature, the petitioners / employers were obliged to show any jurisdictional defect, legal infirmity or irregularity in both the decisions but remained unable to pinpoint any such defects in the decisions---Constitutional petition was dismissed, in circumstances.

INSTACLEAR (PVT.) LTD. vs Malik JUMMA TARIQ Retrospective effect — 2024 PLC 292 LAHORE-HIGH-COURT-LAHORE

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