Lahore High Court grants regular worker status to eligible daily-wage health staff
The Lahore High Court has ruled that eligible daily-wage employees of Punjab's District Health Authorities are entitled to be declared regular workers. It set aside the Punjab government's decision not to regularise them.
- Justice Khalid Ishaq ruled on 26 constitutional petitions, including that of Muhammad Bilal Raza and others.
- Employees with more than nine continuous months in permanent-nature work qualify as regular workers.
- Regular worker status is not civil servant status, the court said.
The Lahore High Court has given the legal status of regular workers to eligible daily-wage employees of Punjab's District Health Authorities. The court declared the Punjab government's decision not to regularise eligible daily-wage, work-charged and contingent-paid employees illegal and set it aside.
Justice Khalid Ishaq issued a written judgment of 26 pages on 26 constitutional petitions, including the petition of Muhammad Bilal Raza and others. Reports differ slightly on the number of petitions decided, with one citing 25 and the other 26.
The court held that employees who have served more than nine continuous months in work of a permanent nature are entitled to be declared regular workers. It said no separate notification is needed for employees to acquire this status.
The judgment said the Punjab government's 2021 policy applies to District Health Authorities. Being autonomous bodies, the authorities cannot refuse to apply government policy, the court said.
It also held that repeated 89-day appointments cannot change the permanent nature of work, and that an employee's legal status depends on the nature and duration of the work, not the name of the appointment. Treating some employees as regular while denying it to others is discriminatory, the court said.
Justice Khalid Ishaq observed that treating employees working in similar conditions differently may be contrary to Article 25 of the Constitution (Urdu: "ایک جیسے حالات میں کام کرنے والے ملازمین کے ساتھ مختلف سلوک آئین کے آرٹیکل 25 کے منافی ہو سکتا ہے").
On dismissals, the court said removal through oral orders is not legal and a written order with reasons is required. Employees must also get a reasonable chance to present their case before any adverse action.
Eligible employees under the Industrial and Commercial Employment (Standing Orders) Ordinance 1968, including data entry operators and sanitary workers, are entitled to regular worker rights. This does not make them civil servants or lead to automatic regularisation in the civil service. The relevant authorities will separately determine dues and salaries after hearing the employees, and the court said the principle of no work, no pay may be considered.
Why it matters
The ruling affects thousands of daily-wage health workers in Punjab who are seeking permanent jobs. It clarifies that eligible staff in District Health Authorities can claim regular worker rights, though not civil service status.
