Supreme Court hears cases regarding implementation of Wage Board Award and upholds Judgment of Islamabad High Court

Islamabad, February 01, 2018 (PPI-OT): A three member bench, headed by Hon’ble Mr. Justice Mian Saqib Nisar, Chief Justice of Pakistan, and comprising other two Hon’ble Judges, Mr. Justice Umar Ata Bandial and Mr. Justice Ijaz Ul Ahsan heard the Civil Petitions No.3928 to 3934 of 2016 Nida-e-Millat Pvt. Ltd. through its Chief Executive Vs Liaquat Ali and others, (Against the judgment dated 09.011.2016 of Islamabad high Court, Islamabad passed in Writ Petition No.2221, 2220, 2222, 451, 1734, 1736/2016 and 3021/2015) on 22.01.2018 and dismissed the petitions with the following order:

We are not convinced that the defence set out by the petitioner in these matters has invalidly been struck off by the Implementation Tribunal for Newspaper Employees (the Tribunal) for the implementation of 7th Wage Board Awards. The concerned Award had already attained finality, therefore, the learned High Court has rightly dismissed the writ petitions filed against the order passed by the Tribunal. No case for interference has been made out. Dismissed accordingly.

It is pertinent to mention here that Liaqat Ali and Others filed applications before the Chairman, Implementation Tribunal for Newspaper Employee, Islamabad, for grant of benefits as per Wage Board Award since their appointments. They prayed that the respondent management may be directed to fix wages as per Wage Board Award since appointment and regularization of whole service as per NECOSA, 1973, and arrears accrued after implementation of the Wage Board Award i.e. 5th, 6th and 7th Wage Board Award may please be allowed.

The Hon’ble Tribunal heard the parties and decided the case in favour of petitioners, passing the following order:

For the reasons supra, the petition is partly accepted and respondent is directed to pay a sum of Rs.877029/- to the petitioner within one month from today.

Nida-e-Millat challenged the decision of the Tribunal before the Hon’ble Islamabad High Court with prayer that Writ Petition may graciously be accepted and the impugned order dated 09.12.2015 for recovery of amount may graciously be declared to be illegal, without jurisdiction and may kindly be set aside.

The Islamabad High Court upheld the Tribunal Order dated 09.12.2015 with the following order:

The learned counsels appearing on behalf of the petitioners have not been able to demonstrate that the impugned orders suffer from any legal infirmity or that the learned Tribunal had misapplied the law or had committed patent error so as to require interference while exercising jurisdiction under Article 1999 of the Constitution. For what has been discussed above, the instant petition and the petitions listed in Annex-A attached hereto are without merit and are, therefore, accordingly dismissed.

After that Nida-e-Millat challenged the Islamabad High Court judgment before the Hon’ble Supreme Court and prayed that leave to appeal may kindly be granted against impugned judgment dated 09.11.2016 passed by the Hon’ble Islamabad High Court, Islamabad and may kindly be set aside declaring the same as illegal and unlawful in the interest of justice. The Hon’ble Supreme Court of Pakistan heard the parties and dismissed the petition with the above Order.

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