Elimination of exploitation

2025 MLD 1075 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts. 3, 10-A & 24Elimination of exploitationState's duty to protect citizensProtection of property rightsRight to fair trialState institutions not to hide behind technicalities

State institutions must ensure fulfillment of obligations in line with principles of substantial justice rather than procedural technicalities

Article 3 of the Constitution of Pakistan relates to elimination of exploitation of citizens of Pakistan

From the bare perusal of the said Article, it can safely be observed that State run institutions, working in a representative form, are not expected to exploit the vulnerability of citizens

Undeniably, State is like a mother and its primary duty is to protect the rights of its children (citizens of Pakistan)

In addition to above, High Court emphasized upon importance of Art.24 of the Constitution which deals with protection of property rights

Fundamental rights were a crucial aspect of State's role in protecting its citizens

The High Court observed that substantial justice should not be ignored as it is a key principle of a fair and just society

This principle was held to be fundamental to ensuring that the law was applied fairly and that people's right were respected

It goes hand-in-hand with the right to fair trial (as mentioned in Art.10-A of the Constitution), where the goal is not just to follow procedures but to achieve just outcomes.

2023 CLC 1 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art.3Climate justiceScopeEnvironmental degradationElimination of exploitation

Under Art.3 of the Constitution the State has to ensure elimination of all forms of exploitation and gradual fulfilment of fundamental principles

From each according to his ability and to each according to his work

Such concept of elimination of exploitation can only be fulfilled if the State takes meaningful measures for control of environmental degradation and for climate justice to be enforced so that basic principle enshrined in Art.3 of the Constitution can be achieved.

2022 PLD 516 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 3Elimination of exploitationCriminal liabilityLiability of legal heirsScopeArticle 3 of the Constitution, clearly provides safeguards against exploitation and persecution of citizens

Article 3 protects individual citizens from exploitation inasmuch as all citizens are only liable for what they have done themselves and they are not liable for acts of others

Almost all legal systems in the world recognize that criminal liability can only be imposed on an individual for the acts and omissions for which such individual is personally responsible

Concept of substitution of accused/convict is alien to criminal jurisprudence

Offences involving common object or common intention apart, a person is only liable for an offence that he commits himself

Such person can never be substituted or booked for the fault of some other person even if that person be his father or mother.

2021 PLC(CS) 1154 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

R.17-AConstitution of Pakistan, Arts. 3, 9 & 14Elimination of exploitationSecurity of personInviolability of dignity of man, etcInitial appointmentDeceased quotaScopeWelfare enactments must, of necessity, receive a broad interpretation

Where an enactment is designed to give relief to a particular group or class of persons, the court is not to make inroads by making etymological excursions

Raisiond'etre behind insertion of R. 17-A is not hard to discern

Such was specifically added in an already existing catalogue of rules only to compensate and provide a bond of fate to one immediate family member of a government servant who either died or was rendered incapacitated or invalidated while in service

No other possible reason for the insertion of R.17-A existed

One question that arises in the present context is as to how administrative instructions or notifications that do not have the force of law be allowed to whittle down the effect and impact of the Rule

In fact, any notification or instruction that seeks to take away the benefit conferred by R.17-A borders on being exploitative within the meaning of Art. 3 of the Constitution

Such may also be viewed as an unnecessary incursion into the protection afforded by Arts. 9 & 14 of the Constitution

Right to life not only denotes the right to a vegetative life but to be a vibrant life in which basic facilities and amenities required for human and civil existence are accessible and available to a citizen

Likewise, the citizen's dignity which is secured by Art.14 of the Constitution will be compromised if administrative instructions are allowed to make inroads on his dignity.

2019 PLC(CS) 1491 ISLAMABAD Judicial Precedent

Elimination of exploitationSecurity of personEquality of citizensCompetitive processPermanent employmentContractual or temporary appointmentRegularization of serviceScope

Dimensions and parameters of a competitive process for a permanent appointment and a contractual/temporary appointment are altogether different

Competition for a contractual/temporary employment is not as aggressive and competitive as competition for a permanent employment

Many vying for a permanent employment would not bother applying for contractual/temporary employment

Moreso when there is no representation in the advertisement inviting applications for contractual/temporary employment that the same would somehow transform into permanent employment

If a person employed purely on temporary basis is to be given a permanent employment without any competitive process it would amount to stealing a march on hundreds of thousands of able would-be applicants who did not apply for temporary/contractual employment, but would have applied had they known that the contractual employment would, without any further competitive process, turn into permanent employment

Conversion of a person's temporary/contractual employment without any transparent competitive process, would be a clear violation of Arts. 3 & 9 of the Constitution

Equal opportunity in public employments is a constitutional mandate

Principle of "each according to his ability to each according to his work" can only be achieved by appointing meritorious candidates in the public sector through strict competition

Such competition for a permanent employment in the public sector cannot be given a go-bye simply because a contractual employee, desirous of his employment being made regular/permanent, was given contractual employment through a competitive process

Equality clause enshrined in the Constitution is to be followed scrupulously by the public sector

Youth, burning the midnight oil to secure permanent employment in the public sector, would be let down and demoralized if the contractual employment is converted into permanent employment without a competitive process

Such relaxation would be a bad precedent to a large number of qualified people aspiring for permanent employment in the public sector.

2017 PLC 162 PESHAWAR-HIGH-COURT Judicial Precedent

Art. 3Elimination of exploitation

State to ensure the elimination of all forms of exploitation.

2017 PLC 162 PESHAWAR-HIGH-COURT Judicial Precedent

S. 37

Khyber Pakhtunkhwa Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 1 (4) (a), 2 (b) & (f) & S. 2 (g)

Constitution of Pakistan, Arts.2-A, 3 & 38

Grievance petition

Daily wages employees of state-owned company

Regularization of service

Temporary employees

Elimination of exploitation

Secured and guaranteed right

Scope

Employees filed grievance petition which was allowed by the Labour Court but Labour Appellate Tribunal dismissed the same

Validity

Every individual, citizen and employee had right to be treated in accordance with law

Secured and guaranteed rights were described as an entitlement or justified claim to a certain kind of positive and negative treatment from others, to support from others or non interference from others

Individual could not claim right if those rights were not recognized by the state

Petitioners had rights secured and guaranteed to be treated as regular employees for the purpose of availing benefits of regular employees

Services of employees remained satisfactory during entire temporary period

Employees were in continuous service against daily wage service status for the last more than 15 years

Petitioners had right to be treated as regular and permanent employees of the establishment

Nature of job which employees were performing was not of temporary and no specific date of completion of work had been given by the establishment

Temporary employees could not be left to the time of termination of their services for the purpose of making grievance through competent Court of law

Policy of pick and choose as adopted by the establishment in the matter of absorption/ regularization of employees was against law

Principle of equality, social and economic justice should be observed as Fundamental Right

State should ensure well being of the people by raising their standards of living

Employees had been discriminated and exploited by the establishment

Impugned orders passed by the Labour Appellate Tribunal were set aside

Employees were directed to be deemed to be absorbed, regular employees of the establishment with all consequential benefits

Constitutional petition was allowed in circumstances.

2017 PLC(CS) 1033 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Art. 3Elimination of exploitationScope

State was bound to ensure elimination of all forms of exploitation.

2017 PLC(CS) 1020 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Art. 3Elimination of exploitationScope

State should ensure elimination of all forms of exploitation.

2017 PLC(CS) 226 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Art. 3Elimination of exploitationScope

State to ensure elimination of all forms of exploitation.

2016 PLC(CS) 1267 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Art. 3Elimination of exploitationState was under obligation to establish a society which was free from exploitation

Right to education and medical-care was valuable right and infringement of said right was the worst form of exploitation of ordinary citizens.

2016 PLC(CS) 179 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Art. 3Elimination of exploitationScope

State was bound to ensure elimination of all forms of exploitation.

2015 YLR 1733 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 3Elimination of exploitation

Government was bound to eliminate any kind of exploitation towards its masses.

2015 CLC 1605 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Art. 3Elimination of exploitationScope

State should ensure elimination of all forms of exploitations.

2014 PLC(CS) 719 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 3Elimination of exploitationScope

State should ensure the elimination of all forms of exploitation.