2000 PLP 444 (PLC)

‑‑‑‑Ss. 15 & 22‑A(8)(g)‑‑‑Unfair labour practice by employers‑‑‑Employees who had attained status of permanent employees had alleged in their petition that employers had not issued orders of regularisation of their services despite they had completed prescribed period required under law and that on account of their lawful trade union activities employers intended to terminate their services without observing legal formalities‑‑‑Validity‑‑‑Employers could not prove that employees had got their employment by way of fraudulent act by deceiving employers‑‑‑No complaint was there against employees about their working as they were performing their duties satisfactorily and they had completed period required under law and by operation of law had become permanent employees‑‑‑Petitions filed by employees was accepted with direction to employers not to terminate services of employees without observing legal formalities i.e. issuance of charge sheet, show‑cause notice, and proper enquiry‑‑‑Employers were also directed not to commit any act of unfair labour practice specified under S.15 of Industrial Relations Ordinance, 1969. P L D 1996 SC 610 ref. Ijaz Ahmad Awan for Respondents. Arguments have been heard. All the petitioners were employed during the year 1997 originally on daily wages and then they were employed against permanent posts on monthly basis. It is submitted that the union of the petitioners namely Punjab Small Industries Corporation Staff Union (C.B.A.) served a demand notice on the respondent management which was followed by a strike notice and thereafter conciliation proceedings were started and after negotiations a settlement was arrived at between the union and the management on 10‑11‑1997. It is alleged that by virtue of item No.25 of the demand notice, the union demanded the regularization of services of the daily wages employees/temporary employees which was accepted by the management and consequently, the services of the petitioners were regularised vide orders at Annexurs‑G/1 to G/11. It is further alleged that the petitioners took active part in the referendum which was held in the 1998 and during the referendum the petitioners were thereatened with dire consequences, if they did not accept the demand of the respondents for joining the Muslim Labour Union which was not accepted by the petitioners and that after refusal, the management had not issued the orders of regularisation of the petitioners due to hostility on account of their lawful trade union activities. It is alleged that the union of the petitioners won the referendum and that the management is extending threats of termination, discharge, dismissal from service without observing the legal formalities. It has been prayed that the respondents be restrained from committing acts of unfair labour practice and a direction be issued to the respondents for regularisation of services of the petitioners as they have completed the prescribed period required under the law.

2. Notice of this petition was given to the respondents and in response to that notice, the respondents filed their written comments in which preliminary objection was raised that the petitioners have no cause of action and on merits it was submitted that the petitioners were not members of the union and that they were appointed during the ban and the issue is under enquiry with regard to the appointment of the employees and no decision has been taken as yet. The respondents have also filed an application for dismissal of the petition on the same grounds and also that no order, whatsoever has been passed for their termination and that they have no cause of action. It has also been submitted that no rights guaranteed to the petitioners have been violated.

3. Arguments have been heard and I have given my anxious consideration to the pleadings of the parties. The respondents have frankly admitted that the petitioners are members of the union and not office‑bearers of the said union and their period of employment has also not been denied by the respondents. The petitioners have filed this petition on the apprehension that the management intends to terminate the services of all the petitioners on account of their trade union activities without observing the legal formalities because by operation of law, they have attained the status of permanent employees. There is no denial on the part of the respondents regarding the length of service of the petitioners and the letters regarding regularisaton of services of the petitioners have also not been denied by the respondents. There is only one objection raised by the respondents that they were appointed during the ban and the matter is under investigation. I am not convinced with the arguments of the learned counsel for the respondents because the petitioners have been employed by the respondents and they have not got their employment by any fraudulent act by deceiving the department and the department at its own regularised the services of the petitioners vide Annexures G‑l to G‑

11. It has also not been denied that there is no complaint against any of the petitioner about his working and they are performing their duties satisfactorily and the most important thing which is admitted on both sides, is that, the petitioners have completed the period,‑required under the law and by operation of law they have become permanent employees as has been held by the Honorable Supreme Court of Pakistan in so many authorities and also reported in PLD 1996 SC 610 that if the nature of work for which a person is employed of a permanent nature then he becomes permanent upon the expiry of the period of nine months mentioned under the terms of schedule. Admittedly, the petitioners have crossed the limit prescribed by law and fixed by the superior Courts of law. 4: The result of the above discussion is that the application for rejection of the petition is without any force and is hereby dismissed and the petition filed by the petitioners is accepted ‑with the direction to the respondents that they should not terminate the services of the petitioners without observing the legal formalities i.e. issuance of charge‑sheet show cause notice; proper enquiry etc. because they have attained the status of permanent employees. They are also directed not to commit any act of unfair‑labour practice specified under section 15 of the Industrial Relations Ordinance, 1969. The file be consigned to record. H.B.T./7/NIRC. Petition allowed.