ISLAMABAD: The Lahore High Court (LHC) Rawalpindi Bench has declared the termination of 32 daily wage workers from the Water and Sanitation Agency (Wasa) in Rawalpindi as illegal, directing their immediate reinstatement as permanent employees with full benefits.

The judgement, delivered by Justice Malik Javid Iqbal Wains, underscores the constitutional right to livelihood and reinforces protections for labourers under Pakistani law.

The petitioners, including drivers, helpers, and valve men were terminated verbally without written orders or due process. They had initially secured relief from the Punjab Labour Court in 2022, which ordered their reinstatement and regularization.

However, Wasa challenged this decision in the Punjab Labour Appellate Tribunal, which overturned the Labour Court’s ruling in 2023. The workers then approached the LHC, arguing their prolonged service (exceeding nine months) qualified them as “permanent workmen” under the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.

Justice Wains emphasized that the workers’ employment—spanning years with no adverse records—met the legal threshold for permanency. The judgement cited Section 1(b) of the 1968 Ordinance, which grants permanent status to workers engaged in roles of a “permanent nature” for over nine months.

The court rejected Wasa’s claim of the workers being “temporary,” noting their replacements were hired post-termination, proving the roles were ongoing.

The verdict also highlighted violations of Section 12(3) of the Ordinance, which mandates written termination orders with stated reasons. The verbal dismissals were deemed unconstitutional, infringing on Article 9 (right to life and livelihood) and Article 25A (equality) of the Constitution.

The ruling referenced a 2024 Supreme Court judgment (Town Administration v. Mohammad Khalid) and a 2021 Punjab government notification, both affirming that daily wage workers completing nine months of service must be regularised. Justice Wains condemned Wasa’s “discriminatory” exclusion of the petitioners while regularising others in similar positions, calling it a breach of constitutional mandates.

Published in Dawn, April 23rd, 2025