Temporary Employee

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) 562 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Temporary employeeRestoration ofScopeSimilar constitutional petition filed by the petitioner had already been dismissedPresent constitutional petition was not maintainable only on the basis of a news itemPetitioner had been appointed on leave vacancy for a particular periodPetitioner could not claim his restoration as a right

Constitutional petition was dismissed in limine.

1989 SCMR 1755 SUPREME-COURT Judicial Precedent

Art.212(3)Temporary employeePetitioner was appointed on a purely temporary basis against a ]cave vacancyDepartment terminated his services when the person against whom he was appointed had reported for dutyHeld, petitioner being a temporary employee had no right to be retained on the said post

Petition dismissed.

1970 PLC 268 WEST-PAKISTAN-INDUSTRIAL-APPELLATE-TRIBUNAL Judicial Precedent

Termination of service – Temporary employee-Show-cause notice-Termination in terms of employment

No show-cause notice required-Termination on grounds of misconduct-Show cause necessary-Natural justice, principle of No one to be condemned without defence opportunity-Temporary employer’s name removed from waiting list on grounds of unsatisfactory record without any enquiry-Provisions of S. 38, West Pakistan Industrial Disputes Ordinance, 1968, held, in circumstances, attracted-West Pakistan Industrial Disputes Ordinance (IV of 1968), Ss. 37 & 38.