I. EXECUTIVE SUMMARY 

1. The LHC dismissed the SBP and SBP Banking Services Corporation's constitutional petitions, upholding the decisions of the Labour Court and the National Industrial Relations Commission (NIRC). The Court held that employees engaged as workmen against permanent posts who continue in service beyond the prescribed period cannot be denied permanent status through artificial breaks in service.

2. The Court ruled that SBP and its Banking Services Corporation qualify as commercial establishments for the purposes of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, making its protections applicable to their workmen. It further held that the SBP Staff Regulations, 2001 cannot override statutory rights available under the Standing Orders Ordinance and the Industrial Relations Act, 2012.

3. Accordingly, the Respondent, having worked continuously for more than nine months, attained the status of a permanent workman by afflux of time, and his verbal termination without due process was declared unlawful. The Court affirmed his reinstatement with service benefits and dismissed all petitions filed by SBP and SBP Banking Services Corporation.

II. DETAILS

A. Facts & History

1. Reference 

1.1 Further to KQU ---------------, being an important matter, we would inform you about ---------------------- - HC (Attachment 88.1) in the ensuing paragraph, with emphasis in bold & Underline for quick reading.

1.2 This single Judgment shall decide the titled and connected Writ Petition Nos. ---------------------- involving identical set of facts and common questions of law which are directed against the same consolidated impugned Orders dated ----------- and -------- passed by --------------------------

2. Facts Leading to the Grievance Petition

2.1 to  2.4 

3. Declaration of Permanent Employment

3.1 & 3.2

4. NIRC Rejected the Petitioners' Appeals

4.1 & 4.2 

B. Learned Counsel for the Petitioners Submission

1 to  4 

C. Learned Counsel for the Respondent contended

Conversely, learned counsel for the Respondent contended that there is no dispute regarding the Respondent’s status as a workman, and therefore, he was fully competent to invoke the rights conferred under the Standing Order read with the provisions of the IRA. The Petitioners by all means are trans-provincial commercial establishments and as such, NIRC had the jurisdiction to determine the grievance of the Respondent. The Petitioners by all means fall within the definition of a commercial establishment within the scope and ambit of the Standing Order since the functions assigned to a modern Central Bank are not limited to merely regulate the economy but include multiple commercial activities such as auction of T-bills earning substantial profits. Hence, the concurrent findings rendered by the forums below do not warrant any interference by this Court in exercise of constitutional jurisdiction.

D. LHC Deliberation

1 to 8

E. LHC Conclusion & Decision

1 It follows from the above that the forums below aptly concluded that the Respondent was employed as a workman on permanent basis who remained in the service of the Petitioners for more than nine months and as such, by afflux of time attained the status of permanent workman in terms of clause 1(b) of the Schedule to the Standing Order.

2. Needless to reiterate that the Respondent was terminated without due process of law as envisaged under the provisions of the Standing Order and was rightly reinstated in service by declaring him as a permanent workman. For reference, also see the Order dated ------- passed by the --HC in Constitutional Petition No. ----------------.

3. In view of the above, the titled and connected Petitions are devoid of any merit and the same are hereby dismissed.

III. FURTHER DETAILS & SERVICES 

Should you require any clarification or explanations in respect of the above or otherwise, please feel free to email Mr Amsal at amsal@kasbati.co with CC to info.kasbati@professional-excellence.com.

Best regards for Here & Hereafter
Asif S Kasbati (FCA, FCMA & LLB)

Managing Partner 

Kasbati & Co (1400+ Tax, Levies, Companies, Economy, Inflation, HR, Banking, Finance, etc

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