RAJA AMER KHAN, CHAIRMAN.--- The petitioner has prayed for an order for recovery of Rs. 15,63,525/- on account of arrears accruing due to difference between the wages actually paid and due under the 7th Wage Board Award, contributory provident fund, gratuity and earned leave. It is stated that he joined the respondent establishment in November , 2005 as Assistant Page Maker and retrenched from service in November , 2015. That the 7th Wage Board Award was notified on 25.10.2001 and made effective w.e.f 01/07/2000. After announcement of judgment by the august Supreme Court of Pakistan on 19.10.201 1 reported as PLD 2012 SC 1 in which the honorable Supreme Court of Pakistan categorically ordered the newspaper owners to implement the 7th Wage Board Award. The petitioner served more than 10 years but the respondent did not implement the 7th Wage Board Award. He further stated that he has neither been paid arrears of 7th Wage Board Award nor other terminal benefits after his retrenchment.
2. The respondent contested the petition that the petitioner was not a regular employee and he was appointed on contract basis through a company in the year 2005. That behavior of the petitioner was not upto the mark and due to his unethical and unprofessional behav ior, he was served a show-cause notice to mend his behavior but inspite of changing his behavior he himself left the job without any intimation and later on came with this petition and levelled false and frivolous allegations against the respondents. The petitioner has received all his dues and nothing is outstanding and the instant application is misconceived, baseless, frivolous and petitioner demanded an unfounded claim in accordance with the divergent contentions raised by the parties, the following issues were framed:---
(1) Whether the petitioner has not come to this Tribunal with clean hands and filed this petition with mala fide intention? (OPR)
(2) Whether the petitioner being a contract employees has received all his dues and nothing is outstanding? (OPR)
(3) Whether the behavior of the petitioner was unethical and he himself left the job without any intimation? (OPR)
(4) Whether the petitioner is entitled to receive the arrears accruing due to difference between the wages actually paid and due under the 7th W age Board Award, if so, to what amount (OP A)
(5) Relief.
3. I have gone through the evidence on record and have heard the arguments adva nced by the learned counsel for the petitioner and minutely perused the written arguments filed by learned counsel for the respondent.-My findings are as under .
4. Issue No. 1: The contention that petitioner has approached this Tribunal with mala fide intention has no force at all. The Newspaper Employees (Conditions of Service) Act, 1973 is a special law, legislated for the welfare of the newspaper employees (journalists & non-journalists). The honourable Supreme Court of Pakistan in its judgment titled APNS versus Federation of Pakistan and others reported as PLD 2012 SC 1 already held that Act is not ultra wires with the Constitution of Islamic Republic of Pakistan. This Act gives right to the newspaper employees to invoke the Wage Board Award, which they are bound under section 15 of the Newspaper' Employees (Conditions of Service) Act, 1973. Technicalities shou ld not hamper the course of proceedings. Nothing has been found in the record that the petitioner has approached the Tribunal with unclean hands. The petitioner has filed the instant petition due to the reason that the respondent did not implement the 7th Wage Board Award from the date of its effectiveness. These delaying tactics do not preclude the petitioner from filing the instant petition. The petition has been filed as per law .
5. Issue No. 2: The contention regarding appointment on contract does not has force at all as the petitioner has been serving the respondent's establishment against the post of permanent nature . If he is working on whole time basis against the posts of permanent nature i.e. likely to last for more than nine months and have rendered services for more than three months, he is permanent workman in view of clause 1(b) of Standing Order No. 1 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, which is applicable to the newspaper employees by virtue of section 18 of the Newspaper Employees (Conditions of Service) Act, 1973. He is entitled to the wages and all benefits under the Act ibid and the Award pronounced under section 11 thereof. Even otherwise, any contract, which prescribes salary less than the wages admissible under the Wage Board Award pronounced under section 11 of the Newspaper Employees (Conditions of Service) Act, 1973 is void under section 19 of the Act ibid. The terms of the agreement or contract would not absolve the establishment from making payment of minimum wages according to the Wage Board Award to such employees. Any employee is denied his rights or wages in accordance with the Act or Award, may file the grievance petition in accordance with Implementation Tribunal for Newspaper Employees (Procedure & Function) Rules, 1977, therefore, the contention raised at the bar has no force.
6. Issue No. 3: As far as the contention regarding beha vior of the petitioner is concerned, no tangible proof has been presented before the Tribunal by the respondent in this regard. The only show-cause notice which has been presented by the respondent was attached with the application of the petitioner . During the course of proceedings RW-1 admitted that neither any written complaint was filed against the petitioner nor any inquiry committee was constituted in this regard. It is pertinent to mention here that the petitioner worked for respondent for almost ten years so if he had bad behavior or attitude, how come he worked for the respondent organization for so many years. That is why this argument has no force. As far as the termination of the petitioner is concerned, he was given show-cause notice on 30.11.2015 and he filed the instant petition after more than two years of his termination. It is therefore presumed that he left the job without gaiting or challeng ing the show cause before any forum Thus, he is not entitled for any notice period salary .
7. Issue No. 4: The petitioner was serving as Assistant Page Maker in Grade-IV . He joined the respondent establishment in November , 2005 and left the job in November , 2015. The details of salary which he had received from the respondent establishment during the period have been given in the main petition. His salary was increased in different interval of times. He was entitled for the arrears accrued due to the differences in salary after implementation of 7th Wage Board Award only if his salary was less than the prescribed rates. The increase made in the years 2010 in his salary was more than the prescribed, minimum wages of the 7th Wage Board Award, therefore, he was not entitled for any arrears. According to the 7th Wage Board Award, he was entitled to first increment on 01.07.2006. He was also entitled to the 60% of House Rent Allowanc e of the initial pay scale plus Rs.
1050/- per month as General Traveling Allowance. The claim of provident fund is not maintainable because the provident fund was never deducted from his salary during his service. However , if he wants, he can agitate this matter at the appropriate forum. Similarly payment of earned leaves is also not permissible due to non-submission of relevant record. The respondent has not filed any statement of account in rebuttal of the claim filed by the petitioner . His dues are tabulated as under:--- Period Basic PayHouse Rent GTAComputer AllowanceTotal Total during periodSalary receivedDifference Payable 01/11/2005 to 30/06/20065175 3105 1050 450 9780 78240 60000 18240 01/07/2006 to 30/06/20075475 3105 1050 450 10080120960 99600 21360 01/07/2007 to 30/06/200857753105 1050 450 10380124560 108000 16560 01/07/2008 to 30/06/20096075 3105 1050 450 10680 128160 117600 10560 01/07/2009 to 30/06/20106375 3105 1050 450 10980131760 120000 11760 01/07/2010 to 30/06/20116675 3105 1050 450 11280135360 141600 .....
01/07/2011 to 30/05/20126975 3105 - 1050 450 11580138960 141600 .....
01/07/2012 to 30/06/201372753105 1050 450 11880142560 159600 .. .
01/07/2013 to 30.06.20147575 3105 1050 450 12180 146160 159600 .. .
01/07/2014 to 30/06/20157875 3105 1050 450 12480149760 210000 ......
01/07/2015 to 30/11/20158175 3105 1050 450 12780 63900 87500 ......
Difference of salaries Rs. 78480/- Gratuity Rs.127800/- Grand Total Rs.206280/-
8. Relief: For the foregoing reasons, the petitioner is entitled to recover a sum of Rs. 20628 0/- the petition is partly accepted. The respondent is directed to pay the amount to the petitioner within one month from today otherwise the same would be recovered as areas of land revenue.
9. The case proceedings were completed on 03/01/2019 and it was reserved for pronouncement of judgment by my learned predecessor . Due to unavoi dable circumstances, he could not deliver judgment during his tenure.
Therefore, the matter was reheard on 22.04.2019. The judgment is announced today in the open Court after due completion.