DILBAR MASIH vs CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE S

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DILBAR MASIH VS CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE S.O. 2(i) & Sched. Paras.1(b) & 1(e)---Notification No. SO(ERB)5-44/2019/WC-DW-Policy dated 29.01.2021 issued by the Government of Punjab, Services and General Administration Department (Regulations / O&M Wing)---Constitution of Pakistan, Arts. 4, 10A & 25---Permanent employee / workman---Entitlement---Petitioners, undisputedly, were working on daily wages basis with the respondents for several years and, admittedly, had been receiving monthly salaries as per the settled terms and conditions outlined in their appointment letters---During the service of petitioners, no adverse remarks or disciplinary action were reported against them---The nature of their duties was manual, thus, placing them squarely within the protection of labour laws---If the nature of work for which a person is employed is of a permanent nature, then he may become permanent upon the expiry of the period of nine months mentioned in terms of clause (b) of paragraph 1 of the Schedule to Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 ('the Ordinance'), provided that he is covered by the definition of the term "worker" given in S. 2(i) thereof ; but if the work is not of permanent nature and is not likely to last for more than nine months, then he is not covered by the above provision---In the present case, the petitioners had been continuously serving against various posts for several years, albeit with artificial breaks---The duration of their employment far exceeded the nine-months threshold, clearly indicating that their work was of a permanent nature---Pertinently , the respondents did not claim that the petitioners were terminated upon completion of atask, project, or due to the abolition of posts---Pertinently, the Government of Punjab, Services and General Administration Department (Regulations/O&M Wing), issued a Notification No. SO(ERB)5- 44/2019/WC-DW-Policy dated 29.01.2021, clarifying the status of work-charged employees, daily wagers, and contingent paid staff; according to the which (notification) daily wagers who have completed nine months of service may be considered as permanent workmen under S. 1(b) of the Ordinance and were entitled to all rights and benefits afforded/granted to permanent workmen---The continued denial of rights to the petitioners was not only legally untenable but also ethically indefensible---Petitioners had fulfilled all statutory requirements to attain the status of permanent workmen, and the refusal to recognize their lawful status constituted a breach of mandatory legal provisions---Moreover, the failure to follow lawful termination procedures violated both statutory law and fundamental rights guaranteed under Arts. 4, 10A & 25 of the Constitution---High Court set-aside the impugned judgment passed by the Labour Appellate Tribunal declaring the verbal termination of the petitioners to be illegal and unlawful, directing the respondents to reinstate the petitioners into service as "permanent workmen"---Constitutional petitions were allowed accordingly.

DILBAR MASIH vs CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE S — 2026 PLC 65 LAHORE-HIGH-COURT-LAHORE

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