This commission also holds that expecting contractors to abide by the labour laws of the land, without ensuring implementation of these laws by seeking means of verification from the contractors is not only tantamount to violation of legal obligations on the part of the relevant officers of the Respondent, FGEHA but it also tantamount to throwing the employees at the mercy of market forces.
It is responsibility of the Respondent, FGEHA to maintain and disclose records pertaining to the current monthly salary actually paid to sanitation / sanitary staff, their duty hours, information about weekly holiday, number of sanitation / sanitary staff registered with EOBI along with EOBI registration numbers of those registered with EOBI, information total number of sanitation / sanitary staff registered with Social Security along with Social Security registration numbers of those registered with Social Security.
The disclosure of the requested information will shed light on how public funds are being spent through the contractor and the extent to which the Respondent, FGEHA has ensured that these public funds are spent in line with the laws of the land.
In the instant Appeal, Sindh High Court Constitutional Petition No. D-852 of 2019 Dated 10 March 2021 is also relevant. While dealing with the question as to whether the employees of a labour contractor can be considered as the employees of the establishment, where they work through labour contractors, the Honourable Sindh High Court refers to the Honourable Supreme Court judgment (2013 SCMR 1253) by saying, “ In the case where an employer retains or assumes control over the means and method by which the work of a Contractor is to be done, it may be said that the relationship of employer and employee exists between him and the employees of the contractor. Further, an employee who is involved in the running of the affairs of the company; under the direct supervision and control of the company; working within the premises of the company, involved directly or indirectly in the manufacturing process, shall be deemed to be employees of the company. The Honourable Sindh High Court judgment further declares, “Keeping in view the rule of parity and equity, all the janitorial staff even if considered to be the employees of the contractor, which is not the correct position, they have been performing duties of permanent nature ought to have been on regular strength of respondent-cantonment boards.”.