This commission is of the view that the relationship of employees whose services have been hired by Cantonment Board, Malir through a contractor to carry out cleaning / sweeping / garbage collection / waste disposal etc performed in the Cantonment areas Cantonment Board, Malir is already settled in Sindh High Court Constitutional Petition No. D-852 of 2019 Dated 10 March 2021. It says “As regards the question of employees of a third-party contractor, suffice it to say that it is a normal practice on behalf of such employer to create a pretence and on that pretence to outsource the employment against permanent posts. This all seems to be a sham pretence and therefore it is not a case of any disputed fact and no evidence is required to record finding on the issue. Moreover, we have seen from the para-wise comments filed on behalf of respondents and the documents attached therewith, which shows that the janitorial staff are employees of the 3rd Party Contractor and are being paid their salaries from the account of Respondent-cantonment Boards.” 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”.
In the light of above-mentioned SHC judgement, all janitors are employees of the Respondent, Cantonment Board, Malir. As such, the Respondent, Cantonment Board, Malir should have checked with each janitor and provided the requested information based on their responses.
This commission has already held in Appeal No. 890-02/21 “it is responsibility of the public bodies to keep records of all the transactions to ensure that public funds, spent directly, or, through contractors, to perform official functions, are utilized in accordance with the laws of the land”.
Otherwise, it would be tantamount to throwing the employees at the mercy of market forces.