SHC orders redetermination of minimum wages in Sindh

KARACHI: The Sindh High Court on Friday directed the Sindh government to send the matter of monthly minimum wages of unskilled workers in the province for redetermination to Sindh Minimum Wages Board (SMWB) which will complete the process (of redetermination) within two months.

While announcing its judgment reserved earlier in several identical petitions challenging fixation of minimum wages of Rs25,000, the SHC bench comprising Justices Salahuddin Panhwar and Adnan-ul-Karim Memon held that for intervening period the unskilled workers in the province would be paid Rs25,000 minimum wages with effect from July 1, 2021.

The bench observed that Minimum Wages Act provides for a procedure of re-evaluation in case of a mistake in determination of minimum wages and directed the government to adopt the same procedure.

The bench observed, “… none can take an exception to the fact that question of minimum wages, since directly affects the rights of worker, which as discussed above includes fundamental rights within meaning of Article 9 of the Constitution, hence can’t be left hanging for indefinite period in the name of the technicalities or procedural requirements alone.”

The bench noted that the process of declaring minimum wages rate was initiated in 2019, which remains pending determination till 2021, “hence it was/is quite safe to say that during such period the misery of the workers was continuing.”

The bench observed, “Thus during such period or time-taking process, the worker were left with no option but to continue under the prerogative of the establishment or the middleman (contractor) regarding wages, to be determined by the establishment or the middleman, which, too, at their choice.”

The 47-page judgment was authored by Justice Panhwar while junior member of the bench Justice Memon also wrote a separate note.

The petitioners had submitted that the provincial government had enacted Sindh Minimum Wages Act 2015, and constituted Sindh Minimum Wages Board after the country signed an International Labour Organization (ILO) convention. Other provinces also enacted laws and constituted wages boards, the petitioners further submitted.

The law, stated the petitioners, required provincial government to issue notification about minimum wages after receiving recommendations of SMWB.

The SMWB made recommendations of Rs19,000 a month as minimum wages in line with Section 4 of the Sindh Minimum Wages Act 2015, the petitioners said explaining that the Sindh government instead of issuing notification approving proposal of Rs19,000, issued a notification fixing Rs25,000 per month as the minimum wages for unskilled workers in Sindh.