Professional Documents
Culture Documents
Present:
Mr. Justice Irfan Saadat Khan
Mr. Justice Adnan-ul-Karim Memon
Versus
Versus
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JUDGMENT
similar points of law and facts are involved, hence all these petitions are
different years. They have been performing their duties honestly with due
Company is not regularizing them on the premise that they are not their
case of M/s Hadeed Welfare Trust & another Vs. Syed Muhammad
Court of Pakistan, which was declined and Order of this Court was
No.2 & 3 has argued that instant Petitions are not maintainable against
Petitioners are employees of M/s Basit & Brothers and other private
companies and the Petitioners have been drawing their salaries and
other perks and privileges from their respective private companies from
under the labour laws before appropriate forum, which is not availed. He
Sindh 134) was challenged before the Hon‟ble Supreme Court in Civil
this Court. According to him, the case of those Petitioners was quite
Vs. G.M. Human Resources, SSGCL and 3 others (2015 PLC (C.S) 195),
which according to him was upheld by the Hon‟ble Supreme Court and
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its review also was dismissed by the Hon‟ble Apex Court and argued that
the facts and circumstances of the above referred case are similar to the
instant case, hence these petitions to meet the same fate. Learned
counsel further relied upon the cases of Farid Ahmed Vs. Pakistan
Burma Shell and others (1987 SCMR 1463), Syed Ashraf Ali Shah and
323) and PIA and others Vs. Tanveer-ur-Rehman and others (PLD 2010
dismissed.
Mr. Asim Iqbal, learned counsel for the SSGCL. He further argued that
salaries and monthly wages are being paid to the Petitioners by M/s
that M/s Basit & Brothers is responsible for the salaries, other liabilities
and ancillary work. Per learned counsel, the Petitioners are employees of
that the Petitioners are employees of the private company and are taking
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counsel for the Petitioners has objected and refuted the claim of M/s
connivance with M/s Basit & Brothers Outsourcing Pvt. Ltd is playing
picture just to defeat the very purpose of filling of the instant petitions,
the Petitioners during operation of the stay order passed by this Court as
Be that as it may, we are of the considered view that this Court cannot
determine the claim and counter claim of the parties at this stage, our
perused the material available on record and the case law cited at the
bar.
with effect from the date of incorporation with the Securities and
as follows:-
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Mere fact that it is a Company limited by shares and registered under the
Pipe and General Mills (Pvt.) Ltd v. Sui Northern Gas Pipe Lines (Pvt.) (2004
with the affairs of the Federation under Article 199 (1) (a) (ii) read with
Article 199 (5) of the Constitution. Thus, this Court has jurisdiction to
Guidance has also been taken from the decision of the Hon‟ble Supreme
Court in the case of Abdul Wahab and others Vs. HBL and others (2013
SCMR 1383). In this case, the Honorable Supreme Court has held that
two factors are most relevant i.e. the extent of financial interest of the
affairs thereof. Reference may also be made to the decision of the Hon‟ble
Supreme Court in the case of Salahuddin Vs. Frontier Sugar Mills and
working with Respondent-SSGCL for several years, but are not being
the Petitioners had no lien or right over the Respondent company, being
not their employees but were employees of the private contractor (third
contractor has been settled by the Hon‟ble Supreme Court in the case of
Commissions and others (2013 SCMR 1253), the Hon‟ble Supreme Court
No.2 from 1992 and other different years (as per documents/initial
No. 1 to 284 that they were paid salaries and issued Passes directly by
14. We are of the view that the Petitioners are fully entitled to get
they are in continuous service from 1992 and other different years
3882/2011 before this Court, which was allowed vide order dated
11.01.2013 and the same was upheld by the Hon‟ble Apex Court vide
Order dated 17.05.2013 in CPLA No. 95-K 2013 M/s PSO Vs. Ghulam Ali
2013 respectively and D-509, D-2034, and D-1091 of 2014 (SBLR 2018
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employees”.
vide order dated 08.12.2017 and review Petitions No. 3-K to 8-K of 2018
were also dismissed vide order dated 17.02.2018 and held as under: -
issue of “Outsource” (3rd party contractor) are misconceived and not well
founded.
employees for which statutory rules are required, but it depends upon
21. In view of the forgoing, we are of the considered view that the
appointments against the posts already held by the Petitioners, who were
Company for a period ranging from in years 1992 and 2012 and
below: -
Government OF PAKISTAN
CABINET SECRETARIAT
ESTABLISHMENT DIVISION
OFFICE MEMORANDUM
(vii) The employees must be in good mental and bodily health and
free from any physical defect likely to interfere with the discharge
of his duties unless appointed against disability quota. 17
All Ministries/Divisions
Rawalpindi/Islamabad”
25. We are of the view that the Petitioners are fully entitled to
the factual position of the case, we hereby infer that the Petitioners ought
in the light of the aforesaid Office Memorandums. In our view the issue
in the case of M/s. Pakistan State Oil Company Limited Vs. Ghulam Ali
and others (CPLA No. 95-K 2013) and Pir Imran Sajid and others Vs.
28. We have also reached to the conclusion that the case of the
Honorable Supreme Court in the case of State Oil Company Ltd Vs.
and M/s. Pakistan State Oil Company Limited Vs. Ghulam Ali and others
(CPLA No. 95-K 2013) (supra), Pir Imran Sajid and others (supra) and in
29. The counsel for the Respondent SSGCL has laid much
SSGCL and 3 others (2015 PLC (C.S) 195), which according to him was
upheld by the Hon‟ble Supreme Court and its review also was dismissed
by the Hon‟ble Apex Court. Suffice to state that the facts of that case
were totally different from the facts obtaining in the instant petition as
30. The other case law cited by the learned counsel for the
accordance with law and the dicta laid down by Hon‟ble Supreme Court
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JUDGE
Karachi:
Dated: 23.05.2018.
JUDGE