WAQAR AHMED vs The FEDERATION OF PAKISTAN through Cabinet Secretariat, Establishment Division, Islamabad art

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WAQAR AHMED VS The FEDERATION OF PAKISTAN through Cabinet Secretariat, Establishment Division, Islamabad art. 199---Employees engaged through a contractor---Regularization in service sought---Disputed questions of fact---Constitutional petition---Maintainability---In the present case certain fundamental issues were congregated which needed to be established and resolved; that is to say, whether the petitioners (employees) were actually employed by the contractor and, despite this engagement, whether they could claim regularization or permanency in their jobs as employees of Karachi Port Trust (KPT); and whether the outsourcing arrangement between KPT and the contractor was genuine or was based on a sham-arrangement to circumvent the obligations and benefits arising from labour laws; and finally, whether the petitioners, by serving several years against permanent posts, without any gaps, had attained the status of permanent workers by virtue of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---all these crucial disputed questions or factual controversies could not be decided by the High Court in the writ jurisdiction---Petitions for leave to appeal were disposed of. Citation Name: 2024 PLC 338 SUPREME-COURTBookmark this Case WAQAR AHMED VS The FEDERATION OF PAKISTAN through Cabinet Secretariat, Establishment Division, Islamabad art. 199---Employment---Regularization in service---Constitutional jurisdiction of the High Court---Scope---Claim of regularization of service must be recognized through some law and/or policy across the board with certain parameters and procedure in any organizational and administrative structure for its enforcement---For regularization of service of contractual employees, writ only lies if it is permissible under some law and policy decision across the board, provided that the said organization is amenable to the writ jurisdiction of the High Court under article 199 of the Constitution. Citation Name: 2024 PLC 338 SUPREME-COURTBookmark this Case WAQAR AHMED VS The FEDERATION OF PAKISTAN through Cabinet Secretariat, Establishment Division, Islamabad art. 199---Constitutional jurisdiction of the High Court---Scope---Extraordinary jurisdiction under article 199 of the Constitution is used to dispense expeditious remedy in cases where the illegality or impropriety of an impugned action can be established without any exhaustive inquisition or recording of evidence, but if some convoluted or disputed question of facts are involved, the adjudication of which can only be determined by the Courts of plenary jurisdiction after recording evidence of the parties, then the High Court cannot embark on such factual controversy. Citation Name: 2024 PLC 338 SUPREME-COURTBookmark this Case WAQAR AHMED VS The FEDERATION OF PAKISTAN through Cabinet Secretariat, Establishment Division, Islamabad art. 199---Employment---Constitutional petition filed by employee of an organization having no statutory rules of service---Maintainability---Writ does not lie under article 199 of the Constitution against an organization having no statutory rules of service.

WAQAR AHMED vs The FEDERATION OF PAKISTAN through Cabinet Secretariat, Establishment Division, Islamabad art — 2024 PLC 338 SUPREME-COURT

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