BRIEF REPORT OF COURT CASE TITLE MUHAMMAD ALI & NAEEM

AKHTAR ETC V/S SECRETARY C & W PUNJAB

It is respectfully stated that, Muhammad Ali & Naeem Akhtar etc. are working in Buildings Division
Layyah under different posts (copy of list attached as Annex “A”). They have filed a grievance petition before the
Hon’ble Punjab Labour Court No.11, Dera Ghazi Khan claiming therein the regularization of their services. The
Respondent Buildings Department appeared before the learned Labour Court and contested the grievance petitions,
ultimately the grievance petition of the petitioners were accepted vide orders dated, 04.02.2014 & 19.08.2015,
respectively (copy attached as Annex “B”, “B/1” respectively).

The respondent Buildings Department assailed the orders dated, 04.02.2014 and 19.08.2015
respectively passed by the learned Labour Court through appeal before Hon’able Punjab Labour appellate Tribunal
Multan which were dismissed vide Judgment dated, 25.06.2014 (copy attached as Annex “C”) to the extent of
petitioners. The respondent Buildings Department assailed both the judgments before this Hon’able Court through writ
petition No. 11558/2014, ultimately writ petition was dismissed on 23.06.2016 and thereafter the same was got restored
by the respondent Buildings Department, but again the writ petition was dismissed on 29.03.2017 (copy attached as
Annex “C/1”).

The Petitioners have not been regularized by this office yet due to non availability of concerned
sanctioned posts. They can only be regularized if there are the concerned posts sanctioned by the Finance
Department. For the creation of posts to regularize the petitioners, letters have already been forwarded to the
Superintending Engineer Buildings Circle DG Khan, vide Executive Engineer Provincial Buildings Division
Muzaffargarh letter No. 454/CB, dated, 26.08.2014 (copy attached as Annex “D”) and vide this office letter No.
2826/CB, dated, 20.01.2018 (copy attached as Annex “D/1”) and in continuation, the Superintending Engineer
Buildings Circle DG Khan forwarded the case to the Chief Engineer South Zone Buildings Department Lahore vide his
letter No. E-5/118/E, dated, 27.08.2014 (copy attached as Annex “D/2”) and No. 769, dated, 24.01.2018 (copy attached
as Annex “D/3”). After this the Chief Engineer South Zone Buildings Department Lahore demanded the list of daily
wages for further processes vide his letter No. 18-Estt/2017/452-54/BSZ, dated, 07.03.2018 (copy
attached as Annex “D/4”) and further he submitted the case to the Secretary to Govt. of the Punjab C&W Department
Lahore vide his memo No. SNE/DG KHAN/2017-18/9311/ABE, dated, 13.03.2018 (copy attached as Annex “D/5”) to
get the concerned posts sanctioned from the Finance Department vide Secretary to Govt. of the Punjab C&W
Department Letter No. SOE-III(C&W)3-10/2015-16, dated, 15.09.2016 (copy attached as Annex “D/6”) which is still
under process in C&W Department.

The Petitioners have received their salaries upto 10.2018 (copy attached as Annex “E”).and their
remaining salaries are only pending due to shortage of funds. The salaries of the petitioners have never been with held
by this office rather just temporarily delayed due to non availability of funds. As soon as the funds are received by this
office the salaries will be paid to the petitioners without any further delay. The details of funds released and paid so far
to the petitioners are attached herewith (copy attached as Annex “E/1”). Demand of further funds has already been
forwarded to higher ups vide this office letter No. 2963/AB, dated, 10.02.2018 (copy attached as Annex “E/2”).and No.
3233/AB, dated, 28.03.2018 (copy attached as Annex “E/3”).

It is pertinent to mention here that the similar petition is already under trail in the Hon’able Lahore
High Court Multan, Bench, Multan.

Sub Divisional Officer Executive Engineer,

Buildings Sub Division, Buildings Division Layyah
Karor
 BRIEF HISTORY OF THE COURT CASE TITLE:

MUHAMMAD ALI ETC. v/s SECRETARY C&W PUNJAB

It is stated that, Muhammad Ali and nine others were working in Provincial Buildings Division
Muzaffargarh under control of Provincial Buildings Sub Division Layyah, under different posts (list attached
as Annex “A”). They filed a grievance petition before the Hon’ble Punjab Labour Court No.11, Dera Ghazi
Khan (Muzaffargarh Camp), on 24.12.2010, claiming therein the regularization of their services. The
Respondent Buildings Department, (Provincial Buildings Division Muzaffargarh) appeared before the learned
Labour Court and contested the grievance petitions, but the judgment came out on ,04.02.2014, in the favour
of petitioners (copy attached as Annex “B”).

The respondent Provincial Buildings Division Muzaffargarh assailed the orders dated,
04.02.2014, passed by the Hon’ble Punjab Labour Court No.11, Dera Ghazi Khan (Muzaffargarh Camp),
through appeal on ,01.03.2014, (copy attached as Annex “C”). before Hon’able Punjab Labour appellate
Tribunal, Multan which was again dismissed vide Judgment dated, 25.06.2014, in the favour of petitioners
(copy attached as Annex “D”).

The respondent Provincial Buildings Division Muzaffargarh assailed the both judgments,
(Annex “B&D”) before the Hon’able Lahore High Court, Multan Bench, through Solicitor Department vide
writ petition No. 11558/2014, (copy attached as Annex “E”). but ultimately the writ petition was again
dismissed on 29.03.2017 in the favour of writ petitioners (copy attached as Annex “F”).

It is to bring into your kind notice that office of the Executive Engineer Buildings Division
Layyah was created in, 01.01.2017 as a result of restructuring the Provincial/District setup. Then case was

transferred from the then Provincial Buildings Division Muzaffargarh to Buildings Division Layyah. Now, the
petitioners have filed an appeal again in the Punjab Labour Court No. 11 DG Khan (Muzaffargarh Camp) for
the enforcement of judgment of Punjab Labour Court (Annex “B”). The respondent Buildings Division
Layyah is contesting the appeal through Solicitor Department. The next date of hearing has been fixed as
14.09.2018.

The Petitioners have not been regularized by Executive Engineer Buildings Division Layyah
yet due to non availability of concerned sanctioned posts. They can only be regularized if there are the
concerned posts sanctioned by the Finance Department. It is therefore requested that matter may taken be
to the high ups for the sanctioned of new concerned posts in order to avoid any humiliation/resentment from
the Court.

Executive Engineer ,
Buildings Division Layyah
 THE HON’ABLE LAHORE HIGH COURT MULTAN BENCH MULTAN.
Muhammad Fayyaz Hussain etc

v/s

Govt. Of the Punjab, Secretary (C&W), Lahore etc

Writ Petition No. 4439/2018

Respondent No. 2 : Executive Engineer Buildings Division Layyah

INDEX
S. No. DESCRIPTION ANNEX PAGES
1 List of Daily wages employees A 1-2
2 Grievance Writ Petition Orders dated 04.02.2014 B 3-5
3 Grievance Writ Petition Orders dated 19.08.2015 B/1 6-8
4 Judgment dated 25.06.2014 C 9-17
5 Writ Petition dismissal order dated 23.06.2016 & 29.03.2017 C/1 18
6 Letter Xen M. Garh to S. E vide No. 454/CB, dated, 26.08.2014 D 19
7 Letter Xen Layyah to S. E vide No. 2826/CB, dated, 20.01.2018 D/1 20
8 Letter S. E to Chief Engineer vide No. E-5/118/E, dated, 27.08.2014 D/2 21
9 Letter S. E to Chief Engineer vide No. 769/E, dated, 28.01.2018 D/3 22
10 Letter Chief Engineer to S. E vide No. 18-Estt/2017/452-54/BSZ, dated, D/4 23
07.03.2018
11 Letter Chief Engineer to Secretary C&W vide No. SNE/DG KHAN/2017- D/5 24
18/9311/ ABE, dated, 13.03.2018.
12 Letter Secretary C&W to Secretary Finance vide No. SOE-III(C&W)3- D/6 25
10/2015-16, dated, 15.09.2016
13 Pay Rolls E 26-32
14 Release of funds E/1 33-36
15 Letter for Demand of funds E/2 & 37-38
E/3