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LHC gives status of permanent workers to daily wages employees

LAHORE:Lahore High Court (LHC) has given legal status of permanent workers to daily wages employees of District Health Authorities (DHA) Punjab.

Justice Khalid Ishaq has declared illegal Punjab government orders on denying the status of permanent workers to daily wages employees .

The court remarked different treatment to the employees working under same circumstances can be against article 25 of the constitution.

Issuing decision on 25 petitions including petition by Muhammad Bilal Raza, Justice Khalid Ishaq said the employees who are performing duties for more than 9 months on permanent nature work are entitled to be declared permanent workers.

Justice Khalid Ishaq accepted 26 constitutional petitions of daily wages, work charged and contingent paid employees.

Justice Khalid Ishaq remarked there is no need for issuing separate notification for achieving legal status by permanent workers.

According to court's decision giving status of regular worker to some employees and keeping others deprived is discriminatory treatment. Removing the employees from service through verbal orders in not in consistent with legal requirements.

Issuing written order and stating reasons for dismissing from service are mandatory .

It is mandatory to provide proper opportunity to employee to present his stance before launching negative proceedings against him.

The decision said Punjab government 2021 policy will be applicable to district health authorities and district health authorities can not deny to implement government policy on the basis of autonomous body.

The repeated 89 days appointment of the employees cannot change the reality of work of permanent nature.

The legal status of the employee will be determined in the back drop of nature of work and period and not in the name of appointment.

As per court orders the employees fulfilling the legal conditions under standing order 1968 are entitled to rights of permanent workers.

Data entry operators, sanitary workers and other employees will have legal rights of permanent workers.

As per decision the acquiring legal status of permanent worker by daily wages employees does not mean regularization as civil servant . Legal status of permanent workers will not be considered automatic regularization in civil service.

The court made it clear in its orders that the arrears and salaries of employees will be determined by the respective authorities separately.

The court said the principle of no work, no compensation can be kept in view while determining outstanding arrears and compensation.