The Supreme Court on Tuesday issued a stay order against the province’s minimum monthly wage rate at Rs 25,000.
The rate was initially fixed by the Sindh Cabinet in June, however, industrialists from the province had challenged the fixing of the wage in the Sindh High Court and then the SC.
When called upon by the industrialists to rule in their favour, the Sindh High Court had upheld the government of Sindh’s decision of keeping the minimum wage at Rs25,000 a month. In the decision, the court had opined that the provincial government is competent to fix, announce and declare the minimum wage.
After the highest court of the country was then approached on the matter a two-member bench, headed by Justice Qazi Faez Isa, also issued notices to the Attorney General of Pakistan and Advocate General Sindh for assistance to learn the mechanism of fixing minimum wages for workers.
Earlier this year, the provincial cabinet —in its session on June 25 — had fixed Rs 25,000 minimum monthly wage of workers, the court said.
“The counsel of private industries has argued that the mechanism of fixing minimum wages is against the constitution”, the court observed.
While issuing a stay order on the payment of Rs 25,000 wage to workers, the court said that the petitioner will pay all arrears of wages if the stay order is taken back.
The bench also recommended the constitution of a three-member bench for hearing of the case.
Earlier, the counsel private industries argued that the Sindh Wage Board had recommended fixing Rs. 19,000 as the minimum monthly wage of workers, but the chief minister had — against the recommendation — enhanced the minimum monthly wage to Rs 25,000.
“The chief minister or the government of Sindh have not been authorized to increase the wage on their own.” the counsel argued, adding that other provinces have fixed minimum wage 20,000 per month, while in Sindh it is 25,000.
“There is also the issue of provincial autonomy,” Justice Isa remarked, after hearing these arguments.
“It is impossible for Sindh’s industries to pay a monthly wage of 25,000 rupees,” the lawyer continued while trying to make a case for Sindh’s industrialists.
The court adjourned the case until January 2022.
