Table of Contents
- Introduction
- Case Background
- Legal Issues
- Supreme Court Judgment
- Court’s Reasoning
- Legal Precedents
- Conclusion
- Contact Information
Supreme Court Ruling on Contractual Employees: 2021 SCMR 1995
1. Introduction
The case Vice-Chancellor, Bacha Khan University Charsadda v. Tanveer Ahmad (2021 SCMR 1995) addressed whether contractual employees have a right to permanent jobs. The Supreme Court ruled that contractual employees do not have an automatic right to regularization.
2. Case Background
Bacha Khan University, Charsadda, hired the respondents on contract in 2012. The university extended their contracts several times but did not make them permanent. The employees filed writ petitions in the Peshawar High Court, demanding regularization. The High Court ruled in their favor, and the university appealed to the Supreme Court.
3. Legal Issues
The Supreme Court examined:
- Whether contractual employees have a right to regularization.
- The limits of the High Court’s jurisdiction under Article 199 of the Constitution.
- Whether the university had a legal obligation to regularize the employees.
4. Supreme Court Judgment
The Supreme Court overturned the High Court’s decision, stating:
- Contractual employees cannot claim permanent jobs just because their contracts were extended.
- The High Court exceeded its authority under Article 199 by ordering regularization without legal grounds.
- Hiring, contract renewals, and terminations fall under the employer’s control.
5. Court’s Reasoning
5.1 No Right to Regularization
The Court ruled that contract employees cannot claim permanent status unless a law or policy allows it. It cited Khushal Khan Khattak University v. Jabran Ali Khan (2021 SCMR 977) to support this position.
5.2 High Court’s Limited Role
The Supreme Court emphasized that courts cannot force employers to offer permanent jobs without legal backing. Article 199 does not allow courts to impose obligations beyond what the law states.
5.3 Employer’s Authority in Hiring
The Court reaffirmed that employment decisions, including hiring and contract renewals, belong to the employer. Courts should not interfere unless statutory violations occur.
6. Legal Precedents
The Court referred to:
- Khushal Khan Khattak University v. Jabran Ali Khan (2021 SCMR 977)
- Workers Welfare Board, KPK v. Nemat Ullah
- Vice Chancellor, Hazara University v. Sheikh Rashid
These cases confirm that contract extensions do not create a right to permanent employment.
7. Conclusion
The Supreme Court clarified that contractual employees cannot demand regularization without legal grounds. The judgment upholds the employer’s control over employment decisions and limits judicial interference. Employees must rely on existing laws rather than court orders for job security.
8. Contact Information
For legal assistance in employment and contract matters, contact:
Advocate Muhammad Amin
Phone: 0313 9708019