2013 PLP (C (PLC(CS))
N/A
| Citation | 2013 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Gulzar Ahmed and Sh. Azmat Saeed, JJ |
| Parties | N/A |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2013 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J., Gulzar Ahmed and Sh. Azmat Saeed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP (C (PLC(CS)) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 10th January, 2013.
Headnotes / Summary
Arts. 3, 9 & 184(3)
Suo motu action by the Supreme Court under Art.184(3) of the Constitution regarding salary/stipend of Industrial Home Teachers
Scope
Teachers imparting vocational training to students in Industrial Homes provided monthly stipend/salary of Rs.500 by the Provincial Government, which was less than the statutory minimum wage paid to an unskilled labourer/worker
Supreme Court observed that exploitation was strictly prohibited under Art.3 of the Constitution; that in the present case Arts.3 & 9 of the Constitution were not being complied with as it appeared that Provincial Government was releasing about Rs.500 per month for each teacher to Non-Governmental Organizations (NGOs), who allegedly after adding some more amount to the same, made payment of salaries to the teachers in question; that under the statutory provision even an unskilled labourer was paid a minimum wage of Rs.8,000 per month, thus teachers in question, who were trained and were deputed to teach students, deserved more than the statutory minimum wage, and that monthly stipend/salary of teachers in question was fixed in the year 1991 and thereafter no steps were taken to revise the scale of payment
Supreme Court directed the concerned Provincial Secretary to appear in Court and explain as to why from the year 1991 onwards the amount of Rs.500 had not been increased to a reasonable extent, despite the fact that recommendations to do the same had already been made, and to assist the Court in the matter of registration of Non-Governmental Organizations (NGOs) and the financial assistance, if any, which was being extended to them by the Provincial Government. Jawwad Hassan, Additional A.-G., Muhammad Shafiq Awan, District Officer, Social Welfare, Rawalpindi on Court's Notice.
Judgment & Decree
It has been observed that compliance of Articles 3 and 9 of the Constitution of the Islamic Republic of Pakistan, 1973, is not being made strictly, as it appears that the Government of Punjab is releasing about Rs.500 per Teacher to NGOs and allegedly the NGOs, after adding some more amount, which could be rupees one thousand or fifteen hundred makes the payment of salary to them for the purpose of imparting training to the students, in different vocational trainings in the Industrial Homes at grass root level, Mr. Muhammad Shafiq Awan, District Officer, Social Welfare, Rawalpindi, appeared and stated that in the year 2007 recommendations were made for enhancement of the amount being paid by the Government but so far no action has been taken. It is to be noted that admittedly this amount was fixed in the year 1991 and thereafter no steps have been taken to revise the scale of payment and despite recommendations, so far orders have not been passed in this behalf by the competent authority of the Government of Punjab. Similarly, we fail to understand why the NGOs, which have been registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961, with the Government of Punjab, and are maintaining proper record disclosing the source of their income/grants yet the scale of amount being paid to the Industrial Homes Teachers, has not been increased with the passage of time. It is to be noted that under statutory provision an unskilled labourer is being paid Rs.8,000 per month, whereas it seems that the Trainers engaged in the Industrial Homes who are trained and have been deputed to teach the students, deserve more than the minimum wage, which is ordinarily paid to an unskilled labourer/worker. It is to be noted that exploitation under Article 3 of the Constitution is strictly prohibited and if the facts and figures which have been brought before us are correct, then prima facie, there is a clear violation of Article 3 of the Constitution.
2. Under the circumstances, we direct the Secretary, Social Welfare, Government of Punjab, to appear and explain as to why from the year 1991 onward the amount of Rs.500 has not been increased to a reasonable extent, despite the fact that recommendations have already been made. He would also assist this Court about the registration of NGOs and extending them finance assistance, if any, by the Government of Punjab etc.
3. Adjourned to 17-1-2013. MWA/S-10/SC Order accordingly.