ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C. P. No.D-327 of 2009.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

01.12.2011.

1. For orders on office objections.

2. For Katcha Peshi.

Mr. Ali Azhar Tunio, advocate for petitioners.

Mr. Abdul Hamid Bhurgri, Addl. A. G., alongwith Muhammad Ramzan Chandio, EDO/DEO, Shikarpur, Ghulam Nabi Buriro, DOE(Elementary), Shikarpur and A. Rafiuddin, ADOE (M), Shikarpur.

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In the comments submitted by E.D.O., it is stated that vide termination orders dated 08.11.2011 employment of the petitioners has been terminated. When confronted with this position, learned Counsel for the petitioners stated that his clients will consider the question of challenging the termination orders, but at-least till the day they were working, as is evident from the order of the termination, they are entitled to their salaries in accordance with terms and conditions of the employment.

This contention by the learned Counsel for the petitioners cannot be countenanced. It is so, besides other reasons, for the reason that under Article 3 of the Constitution exploitation is prohibited and if a person is made to work but is not paid for the work done by him, it amounts to exploitation. Consequently, this constitutional petition is disposed of by directing the respondent No.2 to ensure that all the arrears of salaries of the petitioners paid to them till the date their employment was terminated. This must be done within a period of one month. The petitioners shall, however, be at liberty, if they are aggrieved, to challenge termination of their employment in accordance with the law.

This constitutional petition is disposed of in the above terms.

JUDGE