| Case ID |
0c030e2b-c861-4cae-82a2-df7cb0f1d375 |
| Body |
View case body. Login to View |
| Case Number |
H.R. Cases Nos.16360 of 2009, 1859-S and 14292-P o |
| Decision Date |
Nov 04, 2010 |
| Hearing Date |
Nov 04, 2010 |
| Decision |
The Supreme Court of Pakistan mandated that the government must pay the Lady Health Workers (LHWs), Lady Health Supervisors (LHSs), Accounts Supervisors, and Drivers a minimum wage of Rs.7,000 per month. This decision was based on the West Pakistan Minimum Wages for Unskilled Workers Ordinance of 1969 and Articles 9 and 25 of the Constitution of Pakistan, ensuring equality of citizens and the fundamental right to earn a livelihood without discrimination. The court directed the Government of Pakistan to align the wages of these employees with the prevailing minimum wage policy, thereby prohibiting any existing agreements or contracts that offered lower compensation. This landmark judgment serves as a guideline for executive departments in future wage determinations for government-employed individuals engaged on contractual bases or under government-funded programs, reinforcing the state’s responsibility to uphold fair labor practices and prevent discriminatory wage policies. |
| Summary |
In the landmark case H.R. Cases Nos.16360 of 2009, 1859-S and 14292-P of 2010, the Supreme Court of Pakistan delivered a crucial judgment addressing the issue of minimum wages for government-employed health workers. On November 4, 2010, the court ruled that the Lady Health Workers (LHWs), Lady Health Supervisors (LHSs), Accounts Supervisors, and Drivers employed under various government programs must receive a minimum wage of Rs.7,000 per month. This decision was grounded in the West Pakistan Minimum Wages for Unskilled Workers Ordinance of 1969, particularly Section 6, and reinforced by Articles 9 and 25 of the Constitution of Pakistan, which ensure equality and the fundamental right to earn a livelihood without discrimination.
The case was initiated by petitioners Ms. Bushra Arain, Ms. Rukhsana Anwar, and Ms. Saima Rafiq, representing the female workers seeking fair compensation. Represented by the Attorney-General, Maulvi Anwar ul Haq, the government’s initial response was deemed inadequate by the court. After multiple hearings and delays, the Supreme Court emphasized that regardless of an employment contract—whether permanent or contractual—the workers are entitled to the prevailing minimum wage policy. The judgment highlighted that any existing agreements or contracts offering wages below Rs.7,000 violate both national law and public policy, making them unenforceable.
The court stressed the state’s obligation to prevent discriminatory wage practices within its organizations and directed the government to ensure that these workers’ salaries align with the established minimum wage standards. This ruling not only secured financial equity for the LHWs and associated staff but also set a precedent for all executive departments in Pakistan. The decision mandates that future wage determinations must consider this judgment as a guideline, ensuring that government-funded programs adhere to fair labor practices.
Key entities involved in the case included the Ministry of Health, the Planning Commission, and the Executive Committee of the National Economic Council (ECNEC). The Planning Commission was tasked with releasing funds to meet the budgetary requirements for meeting the minimum wage demands. The government affirmed its commitment by allocating Rs.1 billion to support the revised stipend rates for the affected employees, effective from September 1, 2010.
This judgment is significant in the broader context of labor rights and gender equality in Pakistan. By ensuring that female health workers receive equitable compensation, the Supreme Court reinforced the principles of equality and non-discrimination enshrined in the Pakistani Constitution. The decision is also a notable step towards improving public health infrastructure, as adequately compensated health workers are crucial for effective service delivery in the country.
Furthermore, the ruling underscores the role of the judiciary in upholding constitutional rights and guiding executive actions to align with statutory obligations. It highlights the importance of judicial oversight in ensuring that government policies benefit all strata of society, particularly vulnerable and essential service providers. As a result, this case serves as a benchmark for future legal actions aimed at securing fair labor practices across various sectors within Pakistan.
Overall, the Supreme Court’s decision in this case not only provided immediate financial relief to the petitioners but also established a foundational legal principle ensuring that government employees, regardless of their contractual status, are guaranteed fair and equitable wages. This enhances the state’s accountability and commitment to upholding the rights of its workers, fostering a more just and equitable work environment in the public sector. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
Planning Commission,
Ministry of Health,
ECNEC
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
TARIQ PARVEZ,
GHULAM RABBANI, JJ
|
| Lawyers |
Maulvi Anwar ul Haq, Attorney-General for Pakistan
|
| Petitioners |
Ms. Bushra Arain,
Ms. Rukhsana Anwar,
Ms. Saima Rafiq
|
| Respondents |
Government of Pakistan
|
| Citations |
2011 SLD 1568,
2011 PLC 123
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Minimum Wages for Unskilled Workers Ordinance, 1969,
Constitution of Pakistan
|
| Sections |
6,
9,
25
|