| Case ID |
200d6154-0d9e-44cb-ba6e-c416628a32e2 |
| Body |
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| Case Number |
Writ Petition No. 8926 of 1996 |
| Decision Date |
Sep 12, 1997 |
| Hearing Date |
Sep 22, 1996 |
| Decision |
The Lahore High Court upheld the validity of the Wage Board Award, stating that the appointment of a sitting Judge as Chairman of the Wage Board did not violate the Newspaper Employees (Conditions of Service) Act. The court emphasized that the law permits the appointment of a person who has been a Judge of a High Court, which includes a sitting Judge of the Supreme Court. The court rejected the petitioners' objections regarding the retroactive applicability of the award and affirmed the need for a wage increase for both journalists and non-journalists, asserting that all employees in the newspaper industry must be compensated fairly. The ruling highlighted the importance of recognizing the contributions of all employees in the dissemination of information and focused on the principle of natural justice in wage determination. |
| Summary |
In the landmark case of Writ Petition No. 8926 of 1996, the Lahore High Court addressed critical issues concerning wage determinations in the newspaper industry under the Newspaper Employees (Conditions of Service) Act, 1973. The case involved a challenge to the appointment of a sitting Supreme Court judge as Chairman of the Wage Board, which was deemed valid by the court. The ruling emphasized the significance of fair wage increases for all employees, including both journalists and non-journalists, recognizing their integral roles in the newspaper industry. This decision set a precedent for future wage determinations and reinforced the principles of natural justice and equality under Article 25 of the Constitution of Pakistan. The court's affirmation of the Wage Board's authority and its findings on wage fixation criteria underscored the necessity of fair compensation in the context of rising living costs. The ruling is a pivotal reference for labor rights and wage regulations in Pakistan, making it essential reading for legal practitioners and scholars alike, as it highlights the intersection of labor law and constitutional rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Federation of Pakistan,
Pakistan Herald Publications (Private) Ltd
|
| Judges |
MALIK MUHAMMAD QAYYUM, J
|
| Lawyers |
Khalid Anwar,
Mian Saqib Nisar,
Makhdoom Ali,
Abid Hassan Minto,
Bilal Hassan Minto,
Mrs. Asma Jehangir,
Salman Akram Raja,
Zahid Hussain
|
| Petitioners |
PAKISTAN HERALD PUBLICATIONS (PRIVATE) LTD,
23 others
|
| Respondents |
FEDERATION OF PAKISTAN,
21 others
|
| Citations |
1998 SLD 1188,
1998 CLC 65
|
| Other Citations |
Pakistan Textile Mill Owners' Association, Karachi and 2 others v. Administrator of Karachi and 2 others PLD 1963 SC 137,
Kh. Ghulam Sarwar v. Pakistan through the General Manager, P.W.R., Lahore PLD 1962 SC 142,
Commissioner for Special Purposes of Income Tax v. Pemsel 1891 AC 531,
Muhammad Afzal v. Board of Revenue, West Pakistan and another PLD 1967 SC 314,
Haji Abdul Sattar v. Additional District Judge, Rawalpindi and others 1984 SCMR 925,
Malik Rehmatullah and another v. Mian Muhammad Shafi and another 1986 SCMR 496,
Pir Sabir Shah v. Shad Muhammad Khan, Member Provincial Assembly, N.-W.F.P. and another PLD 1995 SC 66,
Mian Manzoor Ahmad Wattoo v. Federation of Pakistan and 3 others PLD 1997 Lah. 38,
Nawab Syed Raunaq Ali v. Chief Settlement Commissioner and others PLD 1973 SC 236,
Syed Ali Shah v. Abdul Saghir Khan Sherwani and others PLD 1990 SC 504,
Akhtar Ali Pervaiz v. Altaf-ur-Rehman PLD 1963 (W.P.) Lah. 390,
Independent Newspapers Corporation (Pvt.) Ltd. v. Chairman, Fourth Wage Board and Implementation Tribunal for Newspaper, Employees, Government of Pakistan, Islamabad 1993 SCMR 1533,
Al-Jehad Trust through Raecsul Mujahideen Habib-ul-Wahab-ul-Khairi and others v. Federation of Pakistan and others PLD 1996 SC 324
|
| Laws Involved |
Newspaper Employees (Conditions of Service) Act (LVIII of 1973),
Constitution of Pakistan (1973)
|
| Sections |
9,
10(2),
199,
25
|