08 Mar, 2010
Sindh High Court adjourned Wage Board Award Implementation case by March 18
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Sindh High Court adjourned Wage Board Award Implementation case by March 18
Karachi, FEB 25:- A division bench of the Sindh High Court has adjourned the case of the 7th Wage Board Award Implementation for March 18th 2010 for further arguments as the counsels of the respondents sought time for completion of his arguments for at least three hours.
The division bench which comprises of Mr. Justice Musheer Alam Justice Aqeel Abbassi today resumed hearing the case but it could not proceed further for want of time and adjourned the same by March 18 for further proceedings.
The media owners organization All Pakistan Newspaper Society (APNS) and Pakistan Herald Publication Private Limited had challenged the validity of the 7th Wage Board Award as well as varies of the Newspaper Employees (Conditions of Service) Act, 1973 on the pretext that the same is against the fundamental rights.
The media owners further claimed that the provisions of the Newspaper Employees (Conditions of Service) Act, 1973 are arbitrary, against the principals of natural justice, Islamic injections as there is no right of appeal against the decisions of the Chairman of the Wage Board.
They further claimed that media owners that the concept of the Wage Board was enacted under the law by the government with an alleged motive of suppressing the right of the freedom of expression and press.
The media owners also claims that they are sustaining huge losses and are not financially viable to pay payments and other fringe benefits to the media workers in consonance with the Wage Board Award decisions.
It was also claimed by them that newspaper industry is discriminately treated by the government as the provisions of the Newspaper Employees (conditions of service) Act, 1973 pertaining to the constitution of the wage board for fixation of the wages and fringe benefits are against the principles of equity, fair play and negate the basic rights envisages in the constitution which declare that “every one is equal before the law”.
According to them there is no other industry in the private sector in which empowers to the government to fix wages and other allowances after every five years, through any specific law.
On the other hand the employees mainly` contended that the media owners are delaying the implementation of the wage board award on the basis of frivolous litigation for the last decade with a calculated move to deprive them from the benefits of the awards.
The employees further claims that said that “the Newspaper Employees (Conditions of service) Act 1973 is a beneficial, legislation which has been lawfully enacted by the sovereign parliament, therefore its varies can not be called in question on the pretext of bad law”.
They further contended that 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. 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.
It is worth mention that the APNS and other media owners has challenged the validity of the 7th wage award before the Supreme Court of Pakistan in its original jurisdiction claiming the public importance case, however the their plea was not entertained by the Apex Court declaring that “the same does not attract the provision of “Public Importance”, and accordingly dismissed their case.
Thereafter, the APNS lodged a writ petition in the Sindh High Court which is pending for adjudication for over 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.
It may be noted that world wide leading organization of the media persons the International Federation of Journalists in its recent announcement has observed that “the Wage Award for journalists was mandated in 2000 and has been very partially implemented by Pakistan’s newspaper industry.
“The protective legislation for Pakistan’s journalists has languished far too long in official neglect, while newspaper managements have actively blocked its most salutary provisions,”
“Pakistan’s newspaper owners must abandon their effort at legal obstruction and step up with a fair deal for their workers. Only then can the very serious security challenges facing the media community in Pakistan, typified by the crisis of safety in the country’s conflict-prone regions, be adequately addressed.” IFJ added.
Shamsul Islam Naz
Secretary General
PAKISTAN FEDERAL UNION OF JOURNALISTS
12-Nazimuddin Road, F-6/1
Islamabad, Pakistan
Phone Office +92(0)51 2870220-1
Facsimile +92(0)51 2870223
Cellular +92(0)300 8665523
http://www.shamsulislamnaz.com
http://www.pfuj.pk
