SHAHID MEHMOOD KHOKHAR, CHAIRMAN. Precisely this petition is directed against the respondent management for non-payment of outstanding salaries and other dues amounting to Rs. 1399347/- accrued in favour of petitioner and against the respondent management. The case was lastly fixed on 28/04/2023 and was reserved for order / judgment on the said date. Parties were represented by Mr. Nadeem Zaman Qureshi Advocate for petitioner and by Mr. Khawaja Omer Masood Advocate for the respondent.
2. Learned counsel for the petitioner stated that petitioner was appointed as Sub-Editor against consolidated monthly wages of Rs.20000/- per month on 06/09/2002 and has served the respondent organization fill 07/04/2016, when his services were terminated verbally and he was not issued any termination letter till date, whereas, the instant petition was filed on 06/11/2018. Learned counsel precisely submitted that the petitioner by efflux of time attained status of permanent employee as provided under Section 4 of the Newspaper Employees (Conditions of Service) Act, 1973 and whereas, the respondent newspaper is a Metropolitan 'A' category newspaper, being published by the respondent management from Lahore. The petitioner has been performing his duties efficiently, diligently and in the best interest of respondent. Further submits that petitioner was given only one increase of Rs.1000/- in salary in July, 2012 and- similar increase of Rs.1000/- was given in salary w.e.f. 01/07/2015. Whereas, the respondent has never issued any salary slip but the salary was paid through bank account by transfer of funds in his account by the management.
Further the petitioner was registered with Employees Old Age Benefit Institution (EOBI). Lahore for the purpose of old age benefit and he was given a proper registration number and card as attached with the petition. Learned counsel further submits that 7th Wage Board Award was pronounced and implemented w.e.f 01/07/2000 and respondent was bound to implement the decision of the Wage Board Award. Respondent and other newspapers challenged the validity of 7th Wage Board Award before the apex court and payment of arrears of wages under the 7th Wage Board Award was delayed deliberately by the management till the decision by the apex Court, when Honourable Supreme Court of Pakistan dismissed appeals of the newspapers owners vide its judgment reported as PLD 2012 SC 1. The decision of the Wage Board is binding on all the employers including the respondent and every newspaper employee including the petitioner is entitled for benefit of the 7th Wage Board Award but the respondent management failed to discharge its legal obligation and thus did not fix the wages as per law nor made any payment of arrears, hence this petition was preferred before this Tribunal for payment of salary arrears, leave arrears. Night Transport Allowance, GTA. House Rent. Computer Allowance. Study and Research Allowance and Gratuity etc and thus, petitioner claimed allowances as admissible to him under the Wage Board Award amounting to Rs. 1,399.347/- Learned counsel further submits that since the petitioner was removed from service on 07/04/2016, therefore this service dues are still outstanding with respondent, therefore, prayed for grant of the above said arrears amounting to Rs.1,399,347/- on account of 7th Wage Board Award. In support of his contention, learned counsel has drawn attention of this Tribunal towards the certificate issued by Law Officer / Acting HR Manager dated 20/04/2016 according to which respondent has admitted that petitioner has been working with the respondent organization as Sub-Editor from 06/09/2022 to 07/04/2016. Petitioner has also annexed statement of bank account to manifest the transfer of salary from the respondent management into his account as well as copy of Registration Card issued by Employees Old Age Benefit and lastly given breakup on each account in support of his contentions as noted above.
3. On the other hand respondent management has filed reply to the petition by raising number of preliminary objections by challenging the jurisdiction of this Tribunal to the extent of "contractual employee" as according to respondent, this Tribunal has no jurisdiction to entertain claim of a contractual employee as this Tribunal cannot determine status of a newspaper employees, therefore, sought return of this petition under Order VII, Rule 10, C.P.C.
4. As far as question of relation between the parties is concerned, respondent management has categorically denied its relationship of employer and employee with the petitioner and has submitted that the petitioner was a contractual employee and not a permanent employee, therefore, he is not entitled to any benefits granted under the 7th Wage Board Award. Mere contention that the contract employee is not entitled for grant of benefits under the 7th Wage Board Award is of no avail as the definition of 'Newspaper Employee' as provided in Section 2(d) of the Newspaper Employees (Conditions of Service) Act, 1973 clearly says that "newspaper employee" means:- "newspaper employee" means any person employed to do any work in or in relation to, any newspaper establishment.
5. According to section 17 of the Newspaper Employees (Conditions of Service) Act, 1973, provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 have been made applicable to newspaper establishments. Standing Order 1(a) of the Standing Orders Ordinance enumerates different kinds of workmen. Standing Order 1(b) defines a permanent workman, a worker who has been engaged to work of permanent nature likely to last more than 9 months and has satisfactorily completed a probationary period of three months in the same or another occupation in the Industry of Commercial Establishment.
6. There is no dispute with regard to the fact that the applicant, being Sub-Editor, was a newspaper Employee/workman in view of provisions of Section 17 of the Act, 1973. In the light of above definition of permanent workman, applicant would be deemed to have acquired the status of a permanent workman on completion of three months of his service as a Sub-Editor in the respondent establishment on the basis of his contract of service as he continued to serve for the full period of contract form which it is to be presumed that his work during first three months was found satisfactory and he was allowed to perform the work assigned to him and it was of permanent nature. After having put in more than 14 years of continuous service on a post and having performed work which was of permanent nature, the applicant had acquired the status of a permanent workman. Reliance is placed on 2001 SCMR 565. NLR 1998 Labour 59 and PLD 1996 SC 610.
7. Irrespective of the above contentions raised by respondent, Division Bench of the Honouable Lahore High Court, Lahore through judgment dated 23-02-2023, passed in I.C.A. No.48437/2020 titled Mian Ranf v. Daily Pakistan and others has held that newspaper employee working as a contract employee is entitled to claim benefits pronounced by the 7th Wage Board Award. Reliance is placed on 2019 PLC (C.S.) 541. Therefore, the submission made by respondent qua nature of job of the petitioner is irrelevant keeping in view the provisions contained in Section 19 of the Newspaper Employees (Conditions of Service) Act, 1973, which provides that. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of award, agreement or contract of service, whether made before or after the coming into force of this Act. Hence, objection qua maintainability of instant petition and consequently prayer made by respondent management for return of plaint under Order VII, Rule 10, C.P.C. is not tenable and thus is hereby rejected.
8. Second objection was raised by the respondent that petitioner was dismissed from service on 28/09/2016, therefore, he is not entitled to claim any gratuity and other benefits under the 7th Wage Board Award. Learned counsel forcefully argued that this objection and repeatedly contended that petitioner was a dismissed employee and he did not challenge the order which attained finality, therefore, he is not entitled for any benefit as he cannot be termed as employee but when confronted, learned counsel for the respondent failed to substantiate his argument through any correspondence or production of any relevant document nor has placed on record any proof to substantiate his arguments e.g. no show-cause notice was shown or placed on record, how and when disciplinary proceedings were culminated. Nothing was produced on record. Neither the respondent has mentioned about issuance of any show-cause notice or initiation of disciplinary proceedings in its reply nor his produced any such material in support of its reply and even during the course of arguments, learned counsel for the respondent was asked to show any document through which inquiry proceeding was initiated or culminated into dismissal of petitioner, the learned counsel failed to substantiate or to produce any such material before the Tribunal.
9. Next contention of learned counsel for the respondent was that since the petitioner was a contract employee, therefore, no provision of 7th Wage Board Award could be made applicable or attract to the petitioner as he was not a permanent employee, therefore, has no locus standi to file the instant petition before this Tribunal nor it is maintainable and lastly he vehemently argued that appropriate forum for petitioner for redressal of his grievance is lying somewhere else and instant petition is neither maintainable nor entertainable, therefore, be dismissed for want of jurisdiction.
10. The respondent management has not disputed nor rebutted the calculation of arrears, made by the petitioner and annexed with the instant petition, thus, same is deemed to have been admitted by the respondent management. Thus, for the foregoing reasons, claim of the petitioner as prayed for, is accepted and respondent management is directed to pay salary arrears Rs. 443846/-, leave arrears Rs. 305844/-, Night Transport Allowance Rs. 148750/-, Night Disturbance Allowance Rs.
148098/- and Gratuity Rs. 352809/-, the total of which comes to Rs.1399347/-within thirty days from this order and shall submit a compliance report to this effect with Registrar of this Tribunal forthwith. File be consigned to record room after due completion.