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Daily Wage Workers employed in Non-Managerial Roles fall under the Definition of “Worker” under Labor Laws --- Lahore High Court, Lahore Upholds Regularization of Daily Wagers employed since 1992

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Daily Wage Workers employed in Non-Managerial Roles fall under the Definition of “Worker” under Labor Laws --- Lahore High Court, Lahore Upholds Regularization of Daily Wagers employed since 1992

Islamabad 19-12-2024: In a significant ruling, the Lahore High Court dismissed the Writ Petition filed by Pakistan Railways [W.P. No. 13846/2011] challenging the regularization of two daily wage employees, Abdul Rasheed and Babar Gill. The judgment upheld the concurrent findings of the Punjab Labour Court and the Punjab Labour Appellate Tribunal (PLAT), affirming that the Respondents were entitled to reinstatement and regularization.

The Court ruled that daily wage employees are not classified as “Civil Servants” under the Federal Service Tribunal Act, 1973, and can approach the Labour Court for grievances. The Labour Court was deemed competent to hear their case under the Industrial Relations Ordinance, 2002.

The Court found that the termination of Respondents’ services during subsistence of injunctive orders was unlawful. Such actions by Pakistan Railways were declared invalid and could not impede the regularization process.

It was clarified that the Respondents, being daily wage employees not holding managerial or administrative roles, fell within the definition of “worker” under the Industrial Relations Ordinance, 2002.

The Court dismissed Pakistan Railways’ argument that the Respondents were not entitled to regularization as they were not in service at the time of the Labour Court’s final decision. The Court observed that injunctive orders protected the Respondents during the pendency of proceedings.

The Lahore High Court emphasized that concurrent findings of fact by the Labour Court and PLAT could not be overturned in constitutional jurisdiction unless proven arbitrary or perverse.

Abdul Rasheed and Babar Gill, employed as daily wagers since 1992, initially filed a grievance petition in 2004 seeking regularization. While the Labour Court initially dismissed their plea, it was remanded for reconsideration following an appeal. In 2009, the Labour Court ruled in their favor, directing their regularization, which was upheld by the PLAT in 2011.

Pakistan Railways contested this decision, arguing that the Respondents were ineligible for regularization as they were not civil servants and were no longer in service. However, the Court rejected these contentions, noting procedural lapses and discriminatory treatment by Pakistan Railways.