PAKISTAN TELECOMMUNICATIONS CORPORATION LIMITED vs HUMAYYUN SHAHZAD SOs

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PAKISTAN TELECOMMUNICATIONS CORPORATION LIMITED VS HUMAYYUN SHAHZAD SOs. 1(b) & 1(g)---Employee/worker performing duty for more than nine months---Regularization/permanency in employment---Entitlement---Company assailed order passed by Single Bench of National Industrial Relations Commission (Commission) whereby the respondents were held regularized from the date of their initial appointment---Validity---The status of the respondents being workmen had not been disputed---The respondents were continuously performing their duties in the Appellant/ Company from different dates in the years 1992 to 1996 and they filed grievance petition in the year 2015 after serving grievance notices upon the employer---As their cause of action was recurring because they were allegedly continuously deprived from their right of regularization/permanency of service, thus their claim of regularization could not be termed as time barred---Evidently, the services of the respondents were being utilized for a span of years on permanent basis---Undisputedly, the respondents had been performing their duties in the Appellant /Company continuously for decades against the posts of permanent natures---The permanent workman , as defined in Standing Orders 1(b), should be engaged in work of a permanent nature likely to continue for last more than nine months---There was practically no dispute between the parties regarding the services of the respondents, being rendered by them, however, the claim of the Appellant/Company was that the services of the respondents cannot be considered as permanent from the date of initial appointment as claimed by the respondents---Admittedly, the respondents were performing their duties against the work of permanent nature which continued for indefinite period and their period of employment was for a much longer period than the one which entitled them to be classified as permanent workmen under the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 , altogether different from the classification of contract workers as referred in clause 'g' of the Standing Order No.1---The posts against which the respondents were working had not been restricted to any period or duration, hence, for all intents and purposes were permanent posts---An employee serving for more than nine months against a regular post acquires the status of permanent employee---Undeniably, the respondents were rendering service continuously for the last several years thus as per S.O. 1(b) of the Pakistan Industrial and Commercial (Standing Orders) Ordinance 1968, attained the status of permanent workmen and the work performed by the respondents was surely of a permanent nature---Full Bench of National Industrial Relations Commission modified the impugned order (in the light. of the judgment of the Supreme Court of Pakistan, reported as 2018 SCMR 1181 ref. 5) holding that the services of the respondents be regularized from the date of approaching the Commission by filing grievance petition along with (pensionary etc.) benefits---Appeal was disposed of accordingly.

PAKISTAN TELECOMMUNICATIONS CORPORATION LIMITED vs HUMAYYUN SHAHZAD SOs — 2026 PLC 143 NATIONAL-INDUSTRIAL-RELATIONS-COMMISSION

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