NOTE ON WRIT PETITION NO. 22063/11 TITLED “SWEEPERS UNION V.

GOP ETC

 Writ Petition filed by the trade union of sweepers in employment of the CDGL
 Respondents include, besides LWMC, CDGL, Govt. of Punjab and SECP
 The Petitioner calls in question essentially an Agreement (Services and Asset Management
Agreement—Annex-B to the writ petition.)
 The impugned Agreement was executed by three parties: LWMC, CDGL and all TMAs of
Lahore—the last ones are however not a party to the writ petition
 The subject matter of the impugned Agreement is the assignment of the responsibilities of
the TMAs and CDGL for solid waste disposal and management in the city of Lahore to the
LWMC. The impugned Agreement apportions rights and liabilities to the parties of the
impugned Agreement towards solid waste management.
 Main grounds of objection to the impugned Agreement are as following
a) That impugned Agreement is in fact legislation in the garb of agreement—it is colorable
legislation
b) There are no Rules or Regulation governing the devolution of the responsibilities of the
CDGL & TMAs to an incorporated body
c) That LWMC is a private limited company
d) That the services of the employees of the CDGL have been entrusted to the LWMC without
consulting them and without their consent.
e) That public property has been leased to a corporate body without complying with the
provisions of section 124 of the Punjab Local Government Ordinance 2001
f) That the impugned Agreement has been executed just to please the Chief Executive of the
Province and not in the public interest
g) That employees are not certain who is their real employer—CDGL or LWMC
h) That the impugned Agreement is a “procurement” agreement but PPRA Act and Rules have
not been followed while awarding the impugned Agreement
i) That Solid Waste Department of the CDGL has been by virtue of the impugned Agreement
converted into a corporate body of limited liability
j) That the impugned Agreement is without jurisdiction
k) That public duties are not assignable to non-elected corporate bodies
l) That the service conditions of the employees have been adversely affected by the
impugned Agreement
m) That while executing the impugned Agreement, the principle of “structuring of discretion”
as laid down by superior Courts has not been followed.
 The prayer is to the effect that the impugned Agreement be set aside, LWMC be delisted as
a corporate body, declaration be made to the effect that the impugned Agreement is
colorable legislation, mala fide in intention, without jurisdiction and void and public
property be protected.