Islamabad High Court, Islamabad held that Keeping in view the above principles settled by the apex courts of Pakistan, this court is fortified to conclude that the basic concept of a "newspaper employee" is any person employed to do any work, or in relation to any newspaper establishment. The court in writ petition Independent Newspaper Corporation (Pvt) Limited through its General Industrial Relations and Legal Affairs, Daily News Building, Chundrigar Road Karachi versus Implementation Tribunal for Newspapers Employees throgh its leanred Chairman CDA Blockno 2, 1 Block , G-6, Islamabad.

The court in its judgement reported as 2019 PLC(CS) 541, the court stated that a person who is working on contract or even writes articles by way of employment in newspaper establishment, or does any work is a newspaper employee. The relationship of employer and employee does no! evict between a company and the workers employed by 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 newspaper process, shall be deemed to be employees of the company.

In the instant case, the employees of the contractor were involved in running the affairs of the company such as filling and loading of area hag as well as cleaning of machines and floors, therefore, for all intents and purposes, they are employees of the company through the contractor." Referring to several case laws on the subject, the august Supreme Court of Pakistan laid down the following principle!, in the 4 Writ Petition

The word 'employed by the factory' are wide enough to include workmen employed by the contractors of the company;

b) the employees of the contractor shall be the employees of the company if the contractor engaged the workers for running of the affairs of the company and not for some other independent work which has no concern with the production of the company;

c) if the employees are working in a department of the company which constituted one of the principal organs of the company, the machines belong to the company, the raw material is supplied by the company and the said department is controlled by the supervisors of the company, the employees of the contractor shall be the employees of the company:

d) the employees, engaged directly or through a contractor, would be deemed to be the employees of the company for whose benefit they perform functions;

e) even though 'control' test is an important test, it is not the sole test; a multiple pragmatic approach weighing up all the factors for and against the employment has to be adopted, including, an "integration" test; and
t) if the contract is found to be not genuine and a device to deprive the employees from their legitimate rights'benetits, the so-called contract employees will have to be treated as employee of the company."

Credit: Independent News Pakistan (INP)