The government is unlikely to regularise the contract employees of various ministries, divisions and their attached departments.
A cabinet body, in its report submitted to the cabinet, pointed out that contract workers did not have any right to be regularised keeping in view the recent decisions of superior courts.
The committee, formed by the cabinet after going through the pronouncements of superior courts on the regularisation of workers, concluded in its report that ad hoc, temporary, contract, daily-wage or project appointments did not have any right to seek the regularisation of services.
The Establishment Division told the cabinet recently that the cabinet had decided to constitute a committee, headed by the federal minister for law and justice, to discuss the regularisation of contract/ daily-wage staff working in the Federal Directorate of Education, Islamabad.
The committee was tasked to make recommendations to the cabinet after a comprehensive review of the cases of regularisation of contract/ daily-wage employees of different ministries and divisions.
However, the executive authority of advisers to the prime minister was challenged in the Islamabad High Court.
In its ruling, the court said “an adviser is not a member of the cabinet and cannot participate in the proceedings, hence he can also not be a member or even chair the committee of the cabinet”.
In light of the judgement, the cabinet on January 26, 2021 reconstituted the committee, headed by the federal minister for law and justice.
The committee, in its meeting held on September 8, 2021, decided to examine the issue of regularisation keeping in view the legal perspective before making any conclusions.
The committee delved into recent judgments of the Supreme Court on the interpretation of regularisation of daily-wage, contract and project employees, where it had been categorically held that regularisation could not be claimed as a matter of right.
Additionally, the committee chairman pointed out that in its recent judgement, the Islamabad High Court was of the opinion that at this stage, the court was governed by the recent pronouncements of the apex court, wherein it had been held that “project posts/ contract employees have no right of regularisation in service”.
In view of the pronouncements of the apex court, the petitioners had failed to justify any of their right for the regularisation of services, therefore, the writ petitions stood dismissed, it said.
The committee, after going through the pronouncements of the superior courts, concluded in its report that ad hoc, temporary, contract, daily-wage or project appointments did not have any vested right to seek regularisation.
The cabinet was requested to consider the recommendation of the committee contained in fifth paragraph of its summary.
The cabinet considered the summary titled “Regularisation of contract/ daily wages employees of various ministries/ divisions and their attached departments”, submitted by the Establishment Division, and noted the recommendation of the committee.
Published in The Express Tribune, December 28th, 2021.
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