The Supreme Court has rejected All Pakistan Newspaper Society (APNS) appeals filed against the Sindh High Court decision on 7th Wage Board Award and declared Newspaper Employees (Conditions of Service) Act, 1973 [NECOSA] intra vires (within the legal powers) to the Constitution on Wednesday. A 75-page verdict authored by Chief Justice Iftikhar Muhammad Chaudhry held.
"The Newspaper Employees (Conditions of Service) Act, 1973 is intra vires the Constitution. Consequently, the Seventh Wage Board Award dated 25th October 2001 shall hold the field until it is modified or varied by a later decision of the Board published in the manner provided in section 11(2) ibid. Accordingly we are not inclined to interfere with the impugned judgements of the High Court of Sindh. All the three petitions are dismissed with costs".
The SC observed in the judgement that as far as working journalists or non-working journalists were concerned, they had no reservations against each other although according to the Wage Board Award, the wages of both types of newspaper employees were not at par as was evident from the contents of the Award. Therefore, the argument raised by the learned counsel for petitioner had not impressed the court.
The court held that the word 'life' is very significant as it covers all facets of human existence. Life includes all such amenities and facilities, which a person born in a free country is entitled to enjoy with dignity - legally and constitutionally. Further, the right to life also includes the right to livelihood. Under Article 3 of the Constitution, the State is bound to ensure the elimination of all forms of exploitation and the gradual fulfilment of the fundamental principle.
"Keeping in view the nature of the task assigned to a Wage Board of fixation of wages is neither judicial/quasi-judicial nor executive/administrative function, but partakes of legislative activity and the Chairman being the delegate of the Federal Government, with the advice and consultation of the members of the newspaper establishments and newspaper employees, gives its decision fixing the wages of different categories of the newspaper employees including working and non-working journalists," the court further observed.
The court held that though learned counsel for the petitioner had contended that all the newspapers (owners of the newspapers) did not have financial capacity to make the payment of wages to the newspaper employees as per the Award, but he failed to produce the material to substantiate his argument that financially they did not have the capacity to increase wages.
The court said that if the Award is not implemented, the whole exercise undertaken on this behalf shall be a futile one because no remedy is available to implement the same. Therefore, under the special circumstances, and keeping in view the background on the basis of which the newspaper employees have been treated as a separate class from the other employees working in different industries would be left with no remedy. It is a cardinal principle of law that when there is a wrong - there is a remedy.
Earlier on September 29, a three-member Supreme Court bench headed by Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and Justice Ghulam Rabbani had reserved its verdict after hearing the counsels for the petitioners- a number of newspaper employers - against May 31, 2011 Sindh High Court (SHC) verdict of upholding the 7th Wage Board award.
It is pertinent to mention that the SHC on May 31, 2011 had directed the newspaper owners to implement 7th Wage Board Award for the newspaper employees. The award was supposed to be operative from October 25, 2001, but due to litigation, it could not be implemented.