Commercial law can’t apply on govt depts: LHC

Sets aside lower courts order about regularization of a contractual employee

LAHORE:

The Lahore High Court (LHC) has set aside the lower courts’ decision to regularise services of a ‘contingent paid’ employee of the Punjab Population Welfare Department, noting that government employees cannot be confirmed under commercial and industrial laws.

LHC judge Ayeha A Malik issued a 6-page written order on an appeal against regularization of a Punjab Population Welfare Department employee Farzana Basharat.

The Punjab Labour Court No VII in Gujranwala and the Punjab Labour Appellate Tribunal confirmed regularization of Basharat’s services respectively on February 19, 2019 and July 2, 2019. However, the LHC set aside the decision of both the lower forums.

The LHC noted that the issue of regularization is governed by the Punjab Regulations of Service Act, 2018, which specifically excludes persons applying under special pay packages.

“Government employees seeking regularization have to establish their claim under the act or if it is prior to the act under a policy or notification which addresses the issue of regularization.

“Government employees cannot claim to have become regular or permanent under the Standing Orders or Punjab Industrial Relations Act (PIRA), 2010 with the passage of time.”

The court said for the purposes of regularization of a government job, there has to be a sanctioned post for which there is a budget and allocation of funds. A person seeking regularization can only be regularized against a sanctioned post.

“In this case, admittedly, there was no vacant sanctioned post against which [Basharat] sought regularization nor did the Labour Court or Labour Appellate Tribunal consider this factor,” it added.

The court said the Population Welfare Department initiated a programme for maintaining Population Welfare Directorates. Female helpers were provided with several duties including disseminating information on contraceptives and reproduction related matters to the Family Health Clinics.

“Neither the Population Welfare Department nor the Family Health Clinics are commercial establishments. The Labour Court and the Labour Appellate Tribunal totally ignored this aspect,” it said.