KARACHI: The Sindh High Court on Friday deplored that despite passing a law on employees’ social security around three years ago, the provincial authorities have yet to frame the rules and directed the secretary of law to complete this exercise within a month.

The SHC observed that a government was never expected to rest after passing a law and required to ensure completing all formalities including framing rules as well as making defined offices functional.

The two-judge bench headed by Justice Salahuddin Panhwar also directed the commissioner of the Sindh Employees Social Security Institution (SESSI) to come up with complete details of last 10 years, including registration of workers and awareness programmes to ensure registration of workers of public and private sectors.

The bench issued these directives during the hearing of a petition moved by the legal heirs of a deceased worker over non-payment of dues.

The court issued directive to submit cheques of the amount in question to the nazir of the SHC and thereafter the legal heirs would be competent to receive the amount after obtaining heirship certificate. An official of the labour department contended that an inquiry was conducted in this regard and the matter was sent against the occupier manger to labour court.

The bench observed that it was the responsibility of the state to provide mechanisms/laws and the provincial government did introduce Sindh Employees’ Social Security Act, 2016 and it appeared to be aimed at worker and labour class.

The act does speak about helping such employees during sickness as well as about gratuity, pension, etc, thus it’s appreciable. However, the bench added that despite the lapse of a considerable period, the rules, being driving tools, have not been framed yet as acknowledged by the law officer of the labour department.

“Accordingly, secretary law shall ensure that rules are framed within one month in juxtaposition the rules already framed in old SESSI Law”, it added.

The court also asked the labour department and commissioner of SESSI to collaborate with each other in sharing list of such people and to inform both employers and employees about the balance between their rights and obligations.

It also directed the commissioner of SESSI to come up with a report whether the requirements of Sections 21 (self-assessment scheme) and 23 (officials of institution to check employer’s books) of the act were being complied with or otherwise.

The bench asked the secretary of labour department to be in attendance on Nov 11 and also ensure that SESSI was introduced to common man and it also issued directives to the deputy commissioner for awareness message.

Published in Dawn, October 13th, 2019