Contractor
Contractor legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
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.
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.
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.
"Contractor", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/38769
Precedents & Case Laws citing "Contractor"
1976 P L C 324
MUHAMMAD HANIF AND 44 OTHERS Versus MESSRS RAFHAN MAIZE PRODUCTS Co. LTD.
Court: Labour Court Punjab2004 M L D 21
PUBLIC HEALTH CONTRACTORS WELFARE ASSOCIATION‑‑‑Petitioner Versus PROVINCE OF PUNJAB, and others‑‑‑Respondents
Court: Lahore1977 P L C 345
KARACHI OIL MILLS PIECE-RATED WORKERS' UNION Versus TARIQ OIL MILLS ETC.
Court: Labour Appellate Tribunal SindP L D 2001 Lahore 426
BAYINDIR INSAAT‑‑‑Petitioner Versus PAKISTAN through Ministry of Communications and 3 others‑‑‑Respondents
Court: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 Pakistan2013 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 Pakistan1999 P T D 3165
COMMISSIONER OF INCOME-TAX Versus BOKARO STEEL LTD
Court: 236 I T R 3151993 P T D 1551
ASSOCIATED CEMENT CO. LTD. Versus COMMISSIONER OF INCOME-TAX and others
Court: 201 ITR 4352004 C L C 427
IFTIKHAR AHMAD‑‑‑Petitioner Versus METROPOLITAN CORPORATION, LAHORE and others‑‑‑Respondents
Court: Lahore1981 P L C 555
SATTAR SILK INDUSTRIES Versus MUHAMMAD HANIF AND ANOTHER
Court: Labour Appellate Tribunal Sind