Lahore High Court rules eligible daily-wage health workers have permanent worker rights
The Lahore High Court has declared illegal the government orders that refused permanent worker status to eligible daily-wage, work-charged and contingent paid staff in Punjab's District Health Authorities. Justice Khalid Ishaq accepted 26 constitutional petitions.
- Justice Khalid Ishaq of the Lahore High Court set aside government orders refusing permanent worker status.
- The court accepted 26 constitutional petitions.
- The ruling does not make employees civil servants automatically.
The Lahore High Court has set aside orders of the Punjab government that denied the legal status of permanent workers to eligible daily-wage, work-charged and contingent paid employees in District Health Authorities. Justice Khalid Ishaq declared the orders illegal while accepting 26 constitutional petitions, according to Daily Pakistan and Nawa-i-Waqt.
The court held that eligible employees who perform work of a permanent nature for more than nine months are entitled to the legal rights of permanent workers. It said the Punjab government's 2021 policy also applies to District Health Authorities, and that no separate notification is needed for this.
The court also addressed the practice of repeated 89-day appointments, ruling that they do not change the permanent nature of the work. An employee's legal status, it said, will be determined by the nature and duration of the work and not by the name given to the appointment.
On equal treatment, the court said that treating employees in similar circumstances differently may amount to discrimination contrary to Article 25 of the Constitution.
The ruling also covers how employment can be ended. Dismissing employees through verbal orders does not meet legal requirements, the court said. A written order stating reasons is required, and an employee must be given a reasonable opportunity to present their position before any adverse action is taken.
Data entry operators, sanitary workers and other eligible employees who meet the conditions under the Industrial and Commercial Employment Ordinance 1968 are entitled to the rights and legal protections of permanent workers, the court found.
The court clarified that this legal status does not mean automatic permanence as a civil servant or regularisation in the civil service.
On dues, the court said authorities must give employees a hearing before determining their dues and salaries. It added that the principle of no work, no pay may be considered when determining those dues.
Why it matters
The ruling affects daily-wage health employees in Punjab who are seeking permanent jobs, as it sets out when they hold the legal rights of permanent workers.
