IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---Mr. Javed Iqbal, Chief Labour Advisor, has appeared on behalf of Secretary, Ministry of Labour, Government of Pakistan and states that his ministry shall ensure that in Islamabad Capital Territory the Security Guards and all other labourers/unskilled workers deputed in different organizations shall receive minimum wages of Rs,7,000 as per the Minimum Wages for Unskilled Workers Ordinance, 1969 read with Article 9 of the Constitution.
2. Mr. Afnan Karim Kundi, learned counsel states that PTC has ensured that the Security Guards arranged by the Security Agencies for performance of duties on the installations of PTCL shall be getting minimum wages w,e,f, 1st February, 2011 and that in future no such violation shall take place.
He further states that as far as the unskilled workers in the PTCL are concerned they are getting the minimum wages of Rs,7,000 whatsoever the position may be, according to law and Constitution and there is no complaint as far as regular employees are concerned.
3. Mr. Tariq Mehmood Pirzada, Chief Commissioner Islamabad, has 'furnished a certificate that all the organizations falling within the ambit of labour laws located in the Islamabad Capital Territory are paying minimum wages at the rate of Rs,7,000 per month to the unskilled workers/labourers and the violateros are booked for the purpose, under the relevant provisions of the labour laws.
4. Dr. Ijaz Munir, Secretary, Labour and Human Resources Department, Government of Punjab has submitted a report and states that throughout the Province of Punjab it has been ensured that unskilled workers/labourers must get Rs,7,000 per month as minimum wages and further devices are being adopted to ensure that no one is deprived of these wages. On being pointed out to him that in so many Government Departments like Agriculture, etc. There are still unskilled workers who are not getting minimum wages according to law, he states that he will ensure that in future the Minimum Wages for Unskilled Workers Ordinance is fully enforced and the unskilled workers/labourers get minimum wages of Rs,7,000 per month.
5. Mr. Mukhtar Hussain Soomro, Secretary Labour Sindh has also submitted a report concluding para wherefrom is reproduced hereinblow:-- "For the private sector the Director Labour Sindh has reportedly informed that inspections carried out so far of industrial units and commercial establishments in the province, it was found that 833 establishments/units, including 55 private securities agencies were complying with the law of minimum wages by making payment of Rs,7,000 per month, whereas 870 were in violation of the law, out of which 162 have been show caused and for remaining 708 prosecutions have been lodged for such violation with the competent Courts of Law."
' He states that payment of minimum wages at the rate of Rs,7,000 shall be ensured throughout the province in official and nonofficial organizations and those who are violating the law shall be dealt with strictly. In view of the statement so made by the Secretary, Labour Sindh, we are confident that the law on the subject shall be implemented in letter and spirit.
6. Mr. Aftab Ahmad Khan, Additional Secretary, Labour and Manpower Department, Government of Khyber Pakhtunkhwa, Peshawar 1- states that his department has taken number of steps including the prosecution of the employers who have violated the Minimum Wages for Unskilled Workers Ordinance, 1969 by not making the payment of Rs,7,000 per month as minimum wages. However, he states that further steps are also being taken. In this behalf he has placed on record a compliance report indicating the steps taken so far. Paras Nos. 1, 2 and 3 therefrom are reproduced hereinbelow:-- "(1) A Complaint Cell has been established in the Directorate of Labour under the supervision of a senior officer of the Directorate to ensure implementation of the law regarding payment of prescribed minimum wages to unskilled workers working in the industrial and commercial concerns in the province, including security guards engaged by various agencies and hired by different organizations;
(2) Establishment of the Complaint Cell has been widely publicized through publication in the national dailies and posting on the provincial government's website.
(3) The Secretary to Government of Khyber Pakhtunkhwa, Labour Department convened a meeting of the Presiding Officers of the Labour Courts under his administrative control to apprise them of the situation with regard to violation of laws, including the Laws on payment of minimum wages to workers; and to sensitize them on their role in checking the violations. They were advised to play their role in ensuring deterrence of the law."
' It is to be noted that Government under the law is bound to implement relevant provisions of law i,e, Minimum Wages for Unskilled Workers Ordinance, 1969 in pursuance of which for unskilled workers/labourers Rs,7,000 have been fixed as minimum wages. We are confident that Government of KPK shall ensure that in future in whole of the province the unskilled workers/labourers serving with the private organizations or the official organizations must get minimum wages of Rs,7,000 as it has been provided under the law.
7. Haji Abdul Qayyum Kakar, Secretary Labour and Manpower Department, Government of Balochistan states that he has taken over three days before, however, steps have already been taken to ensure implementation of law on the subject and a Complaint Cell has been established so the unskilled workers/labourers who are not getting the minimum wages according to law, may approach to the Secretary Labour or to the Labour Officer. We are confident that by taking corrective steps object shall be achieved.
8. As in the Islamabad Capital. Territory and other provinces the unskilled workers have started getting minimum wages of Rs, 7,000, as is evident from the above statements; no further action is called for. The matter stands disposed of accordingly.