THIS is with reference to the article ‘Labour cases’ (June 29), which left me in astonishment with how blatantly it ration-alised the ‘innocent’ side of an employer and the ‘cruelty’ of workers, especially when the reality speaks otherwise.

The major issue contributing to the backlog in labour courts is the behaviour of employers and their legal representa- tives. At nearly every hearing in a court, employers’ counsels seek adjournments. Regrettably, the courts grant these adjournments rather routinely, thereby perpetuating delays. The question is, who suffers the most from these prolonged legal battles? Undoubtedly, the workers. The increase in litigation costs through adjournments only serve to further exhaust an already exhausted worker.

Another significant contributing factor to delay in legal proceedings is the lack of transparency on the part of employers. Despite working for years, many workers are unaware of the legal status of their companies. This leads to the cases being filed in inappropriate jurisdictions.

Furthermore, the outsourcing of core functions by companies, often through third-party contractors, complicates the identification of the actual employer. As far as ‘disappearance’ of labourers is concerned, there are many reasons for it, such as financial strains, threats as well as coercion, which compel them to abandon their claims.

It is essential to recognise that every situation has multiple perspectives. Merely blaming one party alone is overly simplistic and fails to address the issue. Our goal should be to achieve a balanced system where justice is accessible for one and all, and we continue to hope for an equitable society where the workers are given all the rights they are entitled to, ensuring that justice is served fairly.

Advocate Sara Khan
Karachi

Published in Dawn, August 19th, 2024

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