THE caretaker set-up’s decision to invoke the Pakistan Essential Service (Maintenance) Act, 1952, for prohibiting union activities in the power sector was not its to make. With general elections just weeks away, the caretaker cabinet should have left the decision to the new elected government. That is not all. The reasons explaining the circumstances that led the current dispensation to make this decision do not add up. Justifying the decision, the government pointed out that an anti-theft drive set in motion by the power ministry some time back was underway and that it was being monitored daily. Therefore, it felt that it was “high time to check and constrain the activities of these unions; otherwise, this will take a heavy toll on the performance of the Discos as well as the finances of the federation”. It is hard to see any logic in the decision, which, in fact, restricts the basic constitutional rights of power sector labour and other employees for a period of six months under the law.

This is not the first time the authorities have leaned on this law to clamp down on public sector employees. This law has frequently been invoked in recent years to curb labour union activities at PIA, the Utility Stores Corporation, etc. This is so in spite of the fact that the essential service law is to be invoked for the purpose of securing the defence or security of the country and for maintaining supplies or services related to the life of the community. How the restrictions imposed on the already weakened labour unions in the power industry are going to help achieve these objectives is beyond comprehension. Over the years, government policies and laws have severely emasculated labour organisations — both in the public and private sphere — in the country, and constrained the powers of labour unions, which are then unable to act as collective bargaining agents to secure better working conditions for the workers. Sadly, both the government authorities and private employers view their workers as a part of the problem instead of the solution. This mentality needs to change. Indeed, the shifting complexion of the economy also demands a change in the role of the labour unions and organisations. Emerging economic challenges demand a collaborative approach, involving the government, people and the labour unions.Published in Dawn, January 17th, 2024