Law: Societies Registration Act, 1860

Section: 2(vi)

Law: National Industrial Relations Act, 2012

Section: 141 & 142

Law: Constitution of Pakistan 1973

Section:

Summary The Labour Appellate Tribunal dismissed the appeals filed by St. Helen’s School and College, affirming the Labour Court's jurisdiction. The Tribunal ruled that the Khyber Pakhtunkhwa Minimum Wages Act, 2013, is a beneficial welfare statute that must be interpreted liberally. It concluded that the school, being part of a society registered under the 1860 Act, is expressly covered by the statute's proviso. Furthermore, the "trans-provincial" nature of an organization does not grant it immunity from provincial minimum wage laws for its employees working within the province. Tagline: Trans-provincial status of an employer does not oust the jurisdiction of provincial labour courts regarding the enforcement of minimum wage legislation. ORDER; SADIQ   ALI,    J.-   Through   this               consolidated judgment, I intend to decide the instant appeal bearing L.A.No.01-D/2024 as well as connected 15 appeals bearing L.A.No.02-D/2024 to L.A.No.16-D/2024, as all these appeals arise out of identical facts, involve common questions of law and are directed against similar orders each, dated 12.10.2024, passed by the learned Presiding Officer, Labour Court, D.I.Khan, whereby applications moved by the appellant for dismissal of complaints and discharge were declined. For convenience and brevity, facts are being taken from L.A.No.01-D/2024 titled “Principal Father Emmanuel Fazal OP St: Helen’s School and College, D.I.Khan versus The State and another”.   Record reveals that respondent No.2, Deputy Chief Inspector Shops and Establishments, D.I.Khan, instituted complaint under Section 9(3) of the Khyber Pakhtunkhwa Minimum Wages Act, 2013, alleging violation of minimum wage provisions. Upon appearance before the learned Labour Court, the appellant moved an application seeking dismissal of complaint and his discharge mainly on the grounds that prosecution could only be instituted by an “Inspector”. School does not fall within the definition of “establishment”. The institution…