West Pakistan Buildings and Roads Department Code

Petitioner who was employed as a workcharge employee feeling aggrieved that his services were not being regularized and that he was not being made a permanent employee, filed grievance petition seeking declaration that he was a regular employee

Grievance petition was allowed by Labour Court and appeal against judgment of Labour Court was also dismissed

Rules 1.107, 1.108 & 1.109 of Buildings and Roads Departments Code dealing with working conditions of work charged establishment being applicable to the petitioner he could neither be declared permanent under said Rules nor could be granted all benefits available to permanent employees

Judgments of Labour Court and Labour Appellate Tribunal, were set aside, by High Court in exercise of its Constitutional petition.

Statutory rules being in existence, provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 were not applicable to work charge establishment; such establishment could not be declared permanent under rules applicable to them, nor could they be granted all those benefits which were available to permanent employees including seniority, promotion and service being treated as pensionable etc.