Shamsul Islam Naz

SHC puts off wage award hearing for Feb 25

KARACHI, Feb 23: A division bench of the Sindh High Court has put off the case of All-Pakistan Newspaper Society for further hearing on Feb 25, 2010.

After hearing arguments of the leading counsel for newspaper employees, Shahenshah Hussain Jaffari, the division bench, comprising Justice Aqeel Abbassi, resumed the hearing on Tuesday pertaining to case of 7^th Wage Award for newspaper employees, adjourn the case by 25th Feb.

Earlier, counsel for the APNS and Pakistan Herald Publication Pvt Ltd. Mr. Afzal Siddique, advocate, contended before the court that the concept of the Wage Board is against the fundamental rights and therefore the same should be declared a bad law.

He further contended the newspaper industry was being discriminately and the provisions of the Newspaper Employees (Conditions of Service) Act, 1973, pertaining to the constitution of the wage board for fixation of wages and fringe benefits was against the principles of equity, fair-play and negates the basic rights envisaged in the constitution which inter alia says that everyone is equal before the law.

He further contended there is no other industry in the private sector in which there is any law which empowers fixation of wages and other allowances after every five years.

Responding to the arguments of the newspaper owners, the counsel for newspaper employees Shahanshah Hussain Jaffari said that the Newspaper Employees (Conditions of Service) Act 1973 is a beneficial legislation which has been enacted by the sovereign parliament.

He said that varies of the Newspaper Employees (Conditions of Service) Act cannot be called in question on the pretext of bad law.

Elaborating his contention, he said, already six wage board awards had been implemented in the newspaper industry and in every wage board award, the media owners were part and parcel having representation therein.

He said that by their own conduct, the media owners cannot challenge the validity of the wage board award decisions which has a lawful justification and has been legally made.

The counsel for the employees was continuing his arguments when the time of the court was over and the court with the consent of the parties adjourned the case for Thursday (Feb 25).

It may be noted that the APNS and other media owners has challenged the validity of the 7^th wage award before the Supreme Court of Pakistan in its original jurisdiction claiming the public importance case, however the same was disposed of by the Supreme Court declaring that the same does not attract the provision of “Public Importance”.

After the verdict of Supreme Court, the APNS moved a writ petition in the Sindh High Court which is pending for adjudication for almost five years. The Sindh High Court has also restrained the implementation tribunal for newspaper employees Islamabad for taking any steps for the recovery of dues of the newspaper employees under the revenue act till the decision of the court.

The media owners were represented by Mr. Afzal Siddique Advocate, Abdul Sattar Pirzada Advocate while the employees were represented by Shahansha Hussain Jafari Advocate, Akhtar Hussain Advocate, Fiaz Ghangro Advocate and on behalf of the federation Deputy Attorney General Mian Khan Malik appeared before the court.

A large number of newspaper employees and president of Pakistan Federal Union of Journalists Mr. Pervaiz Shaukat was also present in the court.

Shamsul Islam Naz
Secretary General
PAKISTAN FEDERAL UNION OF JOURNALISTS
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Islamabad, Pakistan
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