Home Maxims & Terms Contractor meaning in Urdu
Legal Term Pakistani Jurisprudence Reference

Contractor

Contractor legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2018 SCMR 157 SUPREME-COURT Judicial Precedent
'Contract employee'Regularization in service as 'permanent employees'"Contractor"Scope

Petitioners were rendering janitorial services in various offices and branches of the state owned Bank for several years, on the basis of contracts executed directly between them and the bank for different spans of 11 months, from time to time

Services rendered and work performed by the petitioners was of a permanent nature

Like any other employee or worker, the petitioners were rendering manual services for the Bank

Neither the petitioners were supplying any manpower nor any goods to the Bank; nor were they getting any job done by acquiring and/or engaging the services of others; nor were they paid on item to item and/or project basis, thus they clearly did not fall within the definition or category of "contractors"

Bank could not be allowed to exploit its workers and defeat the spirit and purpose of law by calling such workers as "contractors" instead of "contract employees" and "contract employment"

Since the petitioners for all intents and purposes were engaged/employed by the Bank and were being paid salary/ compensation for the services they rendered, on monthly basis from year to year, and having so served for more than one year on several 11 months stints, they had earned entitlement for regularization of their services with the Bank

Supreme Court directed the bank to regularize the services of the petitioners as permanent employees

Appeal was allowed accordingly.

2018 PLC(CS) 383 SUPREME-COURT Judicial Precedent
'Contract employee'Regularization in service as 'permanent employees'"Contractor"Scope

Petitioners were rendering janitorial services in various offices and branches of the state owned Bank for several years, on the basis of contracts executed directly between them and the bank for different spans of 11 months, from time to time

Services rendered and work performed by the petitioners was of a permanent nature

Like any other employee or worker, the petitioners were rendering manual services for the Bank

Neither the petitioners were supplying any manpower nor any goods to the Bank; nor were they getting any job done by acquiring and/or engaging the services of others; nor were they paid on item to item and/or project basis, thus they clearly did not fall within the definition or category of "contractors"

Bank could not be allowed to exploit its workers and defeat the spirit and purpose of law by calling such workers as "contractors" instead of "contract employees" and "contract employment"

Since the petitioners for all intents and purposes were engaged/employed by the Bank and were being paid salary/ compensation for the services they rendered, on monthly basis from year to year, and having so served for more than one year on several 11 months stints, they had earned entitlement for regularization of their services with the Bank

Supreme Court directed the bank to regularize the services of the petitioners as permanent employees

Appeal was allowed accordingly.

2016 YLR 998 Gilgit-Baltistan Chief Court Judicial Precedent
Art. 71(2)Writ petitionMaintain-abilityContractorCompletion of workContractual liabilityPlea of Contractors was that government was delaying paymentsValidityContractors had completed their different projects at different timesAmounts allegedly payable to the contractors were also differentCause of action for each and every remedy was distinct and differentAmounts allegedly payable to the contractors was result of some works on projects completed by themSuch work had been done in compliance with some contracts entered into between the contractors and governmentContractors while entering into such contracts had accepted the mechanism of payments postulated in the contractsLiability claimed by the contractors was contractual liability which needed to be proved and rebutted through evidence

Present writ petition was incompetent which was dismissed in circumstances, however contractors would be free to file suit for their claims against the government if law allowed so.

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Precedents & Case Laws citing "Contractor"

PLC 1976
Appeal No. 49 of 1973, decided on 11th October 1975.

1976 P L C 324

MUHAMMAD HANIF AND 44 OTHERS Versus MESSRS RAFHAN MAIZE PRODUCTS Co. LTD.

Court: Labour Court Punjab
MLD 2004
Writ Petition Nu.3740 of 2002/BWP, decided on 16th October, 2002.

2004 M L D 21

PUBLIC HEALTH CONTRACTORS WELFARE ASSOCIATION‑‑‑Petitioner Versus PROVINCE OF PUNJAB, and others‑‑‑Respondents

Court: Lahore
PLC 1977
Appeals Nos. KAR-361 to 374 of 1974, decided on 31st July 1976.

1977 P L C 345

KARACHI OIL MILLS PIECE-RATED WORKERS' UNION Versus TARIQ OIL MILLS ETC.

Court: Labour Appellate Tribunal Sind
PLD 2001
Writ Petition No. 1386 of 2001, decided on 7th May, 2001.

P L D 2001 Lahore 426

BAYINDIR INSAAT‑‑‑Petitioner Versus PAKISTAN through Ministry of Communications and 3 others‑‑‑Respondents

Court:
PLC 2014
Civil Appeals Nos.83 and 84 of 2006, decided on 16th May, 2013.

2014 P L C 10

FAUJI FERTILIZER COMPANY LTD. through Factory Manager Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION through Chairman and others

Court: Supreme Court of Pakistan
SCMR 2013
Civil Appeals Nos.83 and 84 of 2006, decided on 16th May, 2013.

2013 S C M R 1253

FAUJI FERTILIZER COMPANY LTD. through Factory Manager — Appellants Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION through Chairman and others — Respondents

Court: Supreme Court of Pakistan
PTD 1999
Civil Appeals Nos.2544 and 2545 with 642 to 648 of 1989, decided on 18th December, 1998.

1999 P T D 3165

COMMISSIONER OF INCOME-TAX Versus BOKARO STEEL LTD

Court: 236 I T R 315
PTD 1993
Civil Appeal No. 2860 of 1979, decided on 23rd March, 1993.

1993 P T D 1551

ASSOCIATED CEMENT CO. LTD. Versus COMMISSIONER OF INCOME-TAX and others

Court: 201 ITR 435
CLC 2004
Writ Petition No. 16045 of 2003, decided on 13th January, 2004.

2004 C L C 427

IFTIKHAR AHMAD‑‑‑Petitioner Versus METROPOLITAN CORPORATION, LAHORE and others‑‑‑Respondents

Court: Lahore
PLC 1981
N/A

1981 P L C 555

SATTAR SILK INDUSTRIES Versus MUHAMMAD HANIF AND ANOTHER

Court: Labour Appellate Tribunal Sind