| Citation(s) |
|---|
| 2022 SLG 1339 2022 SLD 1339 2022 PLD 298 |
Supreme Court of Pakistan
Civil Petitions Nos. 5620, 5800 and 5959 of 2021, C.M.As. Nos. 12213, 12214 of 2021 in C.Ps. No. Nil/2021, C.M.A. No. 160 of 2022 in C.P. No. Nil/2022, Civil Petitions Nos.2-K, 64 and 59-K/2022 and C.M.A. No. 12221 of 2021, decided on 26th January, 2022.
UMAR ATA BANDIAL, SYED MANSOOR ALI SHAH AND QAZI MUHAMMAD AMIN AHMED, JJ
Abid S. Zuberi, Advocate Supreme Court for Petitioners (in C.P. No. 5620 of 2021). Zaheer-ul-Hassan Minhas, Advocate Supreme Court for Petitioners (in C.Ps. Nos. 5800 and 64 of 2021). Mrs. SamiaFaizDurrani, Advocate Supreme Court for Petitioners (in C.P.
Civil Petitions Nos. 5620, 5800 and 5959 of 2021, C.M.As. Nos. 12213, 12214 of 2021 in C.Ps. No. Nil/2021, C.M.A. No. 160 of 2022 in C.P. No. Nil/2022, Civil Petitions Nos.2-K, 64 and 59-K/2022 and C.M.A. No. 12221 of 2021, decided on 26th January, 2022.
UMAR ATA BANDIAL, SYED MANSOOR ALI SHAH AND QAZI MUHAMMAD AMIN AHMED, JJ
Abid S. Zuberi, Advocate Supreme Court for Petitioners (in C.P. No. 5620 of 2021). Zaheer-ul-Hassan Minhas, Advocate Supreme Court for Petitioners (in C.Ps. Nos. 5800 and 64 of 2021). Mrs. SamiaFaizDurrani, Advocate Supreme Court for Petitioners (in C.P.
FEDERATION OF PAKISTAN and others
VS
PROVINCE OF SINDH through Secretary Labour and Human Resources Department and others
Law: Constitution of Pakistan, 1973
Section: 3,9,14,37(a),38(a)
(a) Sindh Minimum Wages Act, 2015 (VIII of 2016)--- ----Ss. 4, 5 , 6---Minimum rate of wages, revision of---Provincial Government cannot itself revise the minimum rates of wages; it can only be done on the recommendation of the Minimum Wages Board ( Board )---Sindh Minimum Wages Act, 2015 has made it obligatory for the Government to act on the recommendation of the Board on all occasions of fixation as well as revision of minimum wages. The (Provincial) Government could only declare the minimum rates of wages on the recommendation of the Minimum Wages Board ( Board ). The power of the Government to declare the minimum rates of wages has been qualified to be exercised on the recommendation of the Board. The words subject to such exceptions as may be specified in the notification used in section 6(1)(a) of the Sindh Minimum Wages Act, 2015 ( the Act ) and subject to such modifications and exceptions as may be specified in the notification used in section 6(3) of the Act may refer to exceptions, or modifications in the exceptions, that could be created in view of various classes of workers or industry and should not be understood to mean that the Government could itself alter the minimum rates of wages recommended by the Board in view of a detailed and exhaustive mechanism for fixation of the minimum rates of wages spelled out in sections 4, 5 and 6 the Act. The Act has made it obligatory for the Government to act on the recommendation of the Board on all occasions of fixation as well as revision of minimum wages. The revision of minimum wage is to be done according to the policy and mechanism laid down in the Act. The Government cannot go against the provisions of the Act and arrogate to itself the function entrusted to the Board. (b) Sindh Minimum Wages Act, 2015 (VIII of 2016)--- ----Ss. 4, 5 , 6 , Preamble---Constitution of Pakistan, Arts. 3, 9, 14, 37(a) , 38(a)---Universal Declaration of Human Rights (UDHR), Art. 23---Minimum wage---Importance of minimum wage stated. Minimum wage laws help ensure justice at work. The minimum wage has remained a core element of public policy and the International Labour Organization (ILO) designated…
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