NATIONAL BANK OF PAKISTAN vs JALALUDDIN S — 2025 PLC 88 QUETTA-HIGH-COURT-BALOCHISTAN

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NATIONAL BANK OF PAKISTAN VS JALALUDDIN S.Os. 2(i) & 2(g)(i)(b)---Industrial Relations Act (X of 2012), Ss.2(xxxiii) & 33---Permanent employee/workman---Scope---Janitorial services in National Bank of Pakistan---Extension of contracts from time to time without any break---Regularization of service---Private respondents/employees filed their grievance petitions, which were allowed by the National Industrial Relation Commission, Bench Quetta, against which petitioners/employer/Bank preferred their appeals, which were partially allowed declaring the regularization against law and also declaring the employees as permanent workers of the Bank which entitled them to all the benefits---Pleas of outsourced employment through contractors and delay in filing the grievance petitions by the employees was taken---Validity---Any person performing his duties in the industrial or commercial establishment who completed a period of 90 days successfully, fell within the definition of workman---Bank had not denied the fact that the employees were working as janitorial staff in the respective branches without any break and their monthly salaries were paid to them by the Bank which fact was also admitted by the representative of the Bank in his cross-examination and also supported by the debit vouchers issued by the Bank---No documentary evidence substantiating employment between the contractors and the employees was available on the record, rather, the record revealed that the private respondents were performing their duties for many years under the supervision of the bank, as such they fell in the definition of permanent workman---Though, the Bank alleged that the services of the employees had been hired through contractors/outsource arrangement, but during the proceedings, the alleged contractors did not come forward to show that they had an agreement with the Bank regarding the provisions of janitorial staff and the contractors had paid monthly salary to the employees---Even though there was no bar to hire the services of the required human sources through outsource contractors, but it could not be used as a tool to deprive the permanent workman of their legitimate/fundamental rights to explicit labor laws---Employees in one of constitutional petitions filed a grievance petition under S.33 of the Industrial Relation Act, 2012, along with an application for condonation of delay, which was not rebutted by the Bank, meaning thereby that the Bank did not object---No infirmity, perversity, or jurisdiction error had been found in the impugned orders---Constitutional petitions were dismissed, in circumstances.

NATIONAL BANK OF PAKISTAN vs JALALUDDIN S — 2025 PLC 88 QUETTA-HIGH-COURT-BALOCHISTAN

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