Case Details

Citation(s)
2019 SLG 1389 2019 SLD 1389 2019 PLD 253
Lahore High Court
Writ Petition No. 48872 of 2017, decision Dated: 25-02-2019.Hearing Dated: 20-12-2018.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Sheraz Zaka
Respondent(s) by: Rai Shahid Saleem Khan, Assistant Advocate-General

SUBAY KHANVSSECRETARY, LABOUR, GOVERNMENT OF THE PUNJAB

Law: Punjab Domestic workers Act, 2019

Section: 2(q),38

Law: Constitution of Pakistan, 1973

Section: 3,4,8,11,25,25A,37,38

(a) Punjab Domestic Workers Act (II of 2019)--- ----Ss. 2(q), 38 & Preamble---Constitution of Pakistan, Arts. 3, 4, 8, 11, 25, 25-A, 37 & 38---Punjab Government Rules of Business, 2001, Second Sched.---Domestic workers, exploitation of---Minimum wage and working conditions---Domestic workers comprised the majority of employed persons in the country's large, unregulated and informal economy, and were particularly vulnerable to exploitation, financial and otherwise---Domestic work was considered by the International Labour Organization (ILO) [of which Pakistan was a member] as one of the occupations with the worst quality of employment, characterized by long work days, low pay and limited social protection coverage---Domestic workers in Pakistan were rightfully entitled to all Fundamental Rights such as elimination of exploitation, right to life including right to livelihood, right to equality, right to trade and business, right to education, and all other rights enshrined in Arts.37 & 38 of the Constitution---High Court after appreciating the efforts of the Provincial Government and the Labour Department for enacting proper legislation on the issue of domestic workers i.e. Punjab Domestic Workers Act, 2019 ('the Act of 2019') directed that the Act of 2019 was to be implemented by reflecting the same in the Second Schedule of the Punjab Government Rules of Business, 2001 and to make all the Rules as prescribed under S.2(q) read with S.38 of the Act of 2019 to enable the Department to apply the law in letter and spirit; that without any delay the Authority under the 2019 Act shall be established and notified and all measures shall be adopted to make the said Act functional; that the Labour Department and Non-Governmental Organizations shall raise awareness amongst the general public about the rights of the domestic worker to avoid further exploitation; and, that a comprehensive social and electronic media campaign was to be launched by the government for creating awareness amongst people regarding plight of domestic workers and the 2019 Act---Constitutional petition was disposed of accordingly with the suggestion that that a day in the calendar year may be…
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