2667/2024 Const. P. State Bank of Pakistan (Petitioner) V/S Full Bench NIRC and Others (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
2667/2024 Const. P. State Bank of Pakistan (Petitioner) V/S Full Bench NIRC and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 16-FEB-26
The contention that respondent No.4 was merely an employee of a third-party contractor is erroneous, as discussed supra. The Supreme Court in cases such as Fauji Fertilizer Company vs NIRC (2014 PLC (Labour) 10), SSGCL case (2020 PLC 153), Moulvi Aziz-ur-Rehman v. Ahmad Khan (2004 SCMR 1622), and Pak Telecom Mobile Limited v. Muhammad Atif Bilal (2024 SCMR 719) has consistently held that workers performing permanent duties under an establishment cannot be deprived of their rights based on a contractor arrangement. Similarly, the objection regarding NIRC???s jurisdiction is without merit. SBP-BSC is a trans-provincial, federal establishment, and the grievance petition was properly entertained under the Industrial Relations Act, 2012, as discussed supra. 11. In view of the above, both Constitutional Petitions are dismissed. The impugned orders of the Single and Full Bench of NIRC are hereby maintained. However, with no order as to costs. JUDGE