' JUSTICE (RETD.) TANVIR BASHIR ANSARI (CHAIRMAN).--- The 7th Wage Board Award was made effective w,e,f, 1st July, 2000. As many as 93 petitioners were initially moved for implementation of the said award as the grievance was that the respondent establishment has failed to implement the same. The said petitions were decided vide judgment, dated 29-4-2004 by this Tribunal wherein it was directed that the 7th Wage Board Award be implemented and all the petitioners be paid their dues within two months w,e,f, 8-4-2004. This judgment has attained finality as it was not challenged by the respondent in any forum.
2. The respondent establishment failed to comply with the said order. The petitioners then filed applications under section 16-A of the Newspapers Employees (Conditions of Service) Act, 1973 on 19-6-2004 as well as applications for implementation under section 62, I.R.O.
2002. Comments to the said application were submitted by the management. It was mainly contended that the vires and legality of the 7th Wage Board Award was under challenge before the .Sindh High Court in constitutional petitions filed by various newspaper establishments. It was also contended that a restraining order was issued by a learned Division Bench of the Sindh High Court in Constitutional Petition No,382 of 2003. No specific ground was however, made out on merits against the implementation of the 7th Wage Board Award.
3. It is not denied by Mr. Muhammad Ali Mazhar, Advocate for the respondent that the stay order issued in Constitution Petition No,382 of 2003 titled Pakistan Herald Publications (Pvt.) Limited and another v. Federation of Pakistan and others has since been vacated as the constitution petition itself was dismissed as not pressed by the learned Division Bench of Sindh High Court vide order, dated 11-10-2005. It is also not the case of respondent management that any restraint order has been passed in constitution petitions wherein the vires and legality of the 7th Wage Board Award is stated to be under challenge.
4. Reference at this stage may be made to specific orders passed by this Tribunal wherein the objections of the management of the implementation of the 7th Wage Board Award were not sustained upon the consideration that despite the pendency of the constitution petitions challenging the legality of. The 7th Wage Board Award, no restraint order has berm issued by the Honourable High Court.
5. Out of the initial 93 petitioners, as many as 25 petitioners as per list attached did not press the petition and as a result only 68 petitioners are left in the filed. In view of the pendency of the constitution petition, challenging the 7th Wage Board Award, the petitioners were directed to place undertakings/affidavits on the record to the effect that in case of any adverse order in the said constitution petitions, the petitioners would refund the dues to respondent establishment. All the 68 petitioners now in the field have furnished the requisite undertakings/affidavits.
6. On 16-1-2006, Mr. Muhammad Ali Mazhar, learned counsel for the respondent assisted by Mr. Tariq Pervez, Manager (Human Resource) Daily Jang, Rawalpindi submitted that negotiations were being conducted between the parties regarding the implementation of the 7th Wage Board Award.
This was controverted by the petitioners. The learned counsel for the respondent establishment sought a short adjournment in order to apprise himself of any conclusive agreement, which might have been arrived at between the parties. Through the same it was emphasized that the implementation of the 7th Wage Board Award in respect of the 68 petitioners/complainants be divided into three categories:-
(a) Period commencing 1st of July, 2000 upto 31st December, 2003.
(b) Period commencing 1st of January, 2004 to 31st December, 2005.
(c) Prospective payment w,e,f, 1st January , 2006.
7. The learned counsel for the respondent has placed on the record an application for adjournment against upon the same assertion that the validity of the 7th Wage Board Award is under challenge in two constitution petitions before the Sindh High Court. Reference was also made to Intra-Court Appeal No,859 of 1997 as this I.C.A. Has challenged the vires of the 6th Wage Board Award.
8. As earlier observed, there is admittedly no orders restraining proceedings before this Tribunal. It is trite law that mere pendency of proceedings of the nature as submitted by the learned counsel for the respondent shall not operate as an injunctive order. Reliance is placed on Messrs Cowasjee and Sons v. Director Sindh Employees Social Security Institution 2000 PLC (Labour) 26, a Division Bench judgment of Honourable Karachi High Court.
9. Regarding the implementation of the 7th Wage Board Award, Mr. Sadiq Muhammad Warriach, learned counsel for the petitioners has placed reliance upon section 12 of the Newspaper Employees (Conditions of Services) Act, 1973 to submit that a decision of the Wage Board published under section 11 shall be deemed to be an award of the Full Bench of the NIRC and all the provisions of the Industrial Relations Ordinance, 2002 (previously IRO 1969) shall be applicable to such an award. The learned counsel further made reference to section 13(4) (ibid) to submit that this Tribunal shall have the same power which a Labour Court has under section 62 of the IRO 2002 (formerly section 51(1) of the repealed IRO, 1969) for implementation of a Wage Board Award.
10. It is contended by the learned counsel for the petitioners that any money due from an employer under an award, settlement or decision of the arbitrator, Labour Court or High Court may be recovered as arrears of land revenue and after such recovery to be paid to the employee concerned .
11. Arguments have been heard and record perused. The petitioners have calculated their dues from 1-7-2000 (effective date of the 7th Wage Board Award) upto 31-12-2003. Statement of dues/charts in this respect are marked in case as Mark P/1. The management has not controverted this claim. Correspondingly the management has filed a statement of the dues of as many as 39 petitioners upon the basis of the difference between the salaries being actually paid and the salaries determined for the categories of the petitioners in the 7th Wage Board Award.
' The respondents have failed to file a similar statement of dues regarding the remaining 29 petitioners although in their comments, the claim of the said 29 petitioners was not denied.
' The uncontroverted claim of the 29 petitioners as made in their petitions along with the acknowledgment of dues of 39 petitioners as admitted by the management have been consolidated in list marked T/1. According to this consolidated list, the dues of each of 68 petitioners have been worked out as in Column No,5 of Mark T/1.
12. The 7th Wage Board Award came into force on 1-7-2000. It is binding on all the newspaper establishments. The employees of the concerned establishment are under a legal obligation to implement the said award in its letter and spirit. Under section 12 of the Newspaper Employees (Conditions of Service) Act, 1973 the Wage Board award shall be deemed to be an award of the Full Bench of the Commission and all the provisions of the Industrial Relations Ordinance, 1969 (IRO, 2002 presently) shall apply to decision of the Board. Under section 51, IRO, 1969 (now section 62, IRO, 2002) the Labour Court is authorized to recover all money due from an employer under an award, settlement or decision of the arbitrator, Labour Court or High Court as arrears of land revenue or as a public demand. Section 13(4) of the Newspaper Employees (Conditions of Service) Act, 1973 provides that this Tribunal shall have the power to issue a direction which a Labour Court has under section 51(1), IRO 1969 (now section 62, IRO, 2002). This legislation incorporation or reference fully empowers this Tribunal to recover the amount due under the award as arrears of land revenue.
' According to the showing of the respondents, themselves, they have failed to pay salaries to the petitioners in accordance with the salaries fixed under the 7th Wage Board Award. The arrears of dues have been admitted and acknowledged by the respondents. The due payable by the respondents to the petitioners from 1-7-2000 to 31-12-2003 are accordingly determined as amount due.
13. In this view Of matter all the petitions for implementation are accepted and it is directed that the amount of arrears found due shall be recovered from the respondents as arrears of land revenue and after recovery, the same shall be paid to the respective petitioners. The respondents are further liable to pay the accruing arrears of salaries, accruing w,e,f, 1-1-2004 upto date and in future in accordance with the 7th Wage Board Award on the same basis. Reliance, is placed upon the case of Matri Publications (Pvt.) Limited, Hurriyet Publications of Daily Huyrriet 2001 PLC 662, wherein their Lordships of the Honourable Supreme Court found all amounts determined by a Wage Board Award shall be considered to be amount due and determined by the award itself.
14. Proceedings as provided under section 81, Land Revenue Act, 1967 shall commence forthwith directing respondents to pay the arrears, within 15 days failing which necessary proceedings under law shall be taken.