| Citation(s) |
|---|
| 2011 SLG 1568 2011 SLD 1568 2011 PLC 123 |
Supreme Court of Pakistan
H.R. Cases Nos.16360 of 2009, 1859-S and 14292-P of 2010, decision dated: 4-11-2010.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., TARIQ PARVEZ AND GHULAM RABBANI, JJ
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H.R. Cases Nos.16360 of 2009, 1859-S and 14292-P of 2010, decision dated: 4-11-2010.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., TARIQ PARVEZ AND GHULAM RABBANI, JJ
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H.R. CASES NOS.16360 OF 2009, 1859-S AND 14292-P OF 2010: In the matter of
Law:
Section:
West Pakistan Minimum Wages for Unskilled Workers Ordinance (XX of 1969)-------S. 6---Constitution of Pakistan, Arts.9 & 25---Payment of minimum wages---Government employees---Scope---Equality of citizens---No such agreement/order notification/law/award/contract of service violating the provisions of law with regard to the payment of minimum wages shall be adhered to---Although West Pakistan Minimum Wages for Unskilled Workers Ordinance, 1969 is not applicable on the persons engaged by the Government or any of its organizations but as a State it is bound to follow the same principle, which is applicable to private organizations---If the minimum wages cannot be paid under any agreement then it would be in violation of Arts.9 & 25 of the Constitution---Notwithstanding their relationship either as permanent or contractual employee, whatsoever may be, following the law/policy prevailing in the country for fixing minimum wages, they are entitled for the same on the basis of policy, which is presently prevailing i.e. Rs. 7,000 pm,---Government is duty bound to ensure that discriminatory policies are not applied as far as its employees are concerned, either enjoying permanent status or working on contractual basis---Any agreement which is against the public policy is not enforceable---Supreme Court directed that present shall be considered a guideline for all the executive departments in future while fixing the wages of the employees being engaged by the government organizations on contract basis or under any other programme funded by the government or any other agency. Ms. Bushra Arain, LHS, Ms. Rukhsana Anwar, LHS and Ms. Saima Rafiq, LHS, Applicants (in person). Maulvi Anwar ul Haq, Attorney-General for Pakistan. ORDER Instant proceedings have been initiated on an anonymous application filed in this Court, seeking remedy for Lady Health Workers and Lady Health Supervisors, extract wherefrom reads as under:-- On this application, report was called from the Secretary .Ministry of Health, Islamabad on 17th December, 2009. Being dissatisfied with the report submitted by the Secretary, Ministry of Health, this Court passed the following order:-- "Secretary…
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