KARACHI: The Sindh High Court has observed that every worker is required to be registered with the Sindh Employees Social Security Institution (SESSI). However, the current number of registered workers (700,000) reflects that SESSI has failed to perform its duties and comply with earlier SHC orders.

The two-judge bench, comprising Justice Salahuddin Panhwar and Justice Amjad Ali Sahito, directed the Chairman of SESSI to submit a district-wise list of registered workers and to launch a comprehensive campaign to raise awareness and facilitate worker registration.

Previously, the SHC had issued multiple directives to the provincial government and relevant authorities. These included the establishment of at least four social security courts in Karachi and one court in each division of Sindh, as well as directing district judges to instruct magistrates to inspect schools, hospitals, and offices under the jurisdiction of SESSI. Additionally, the court ordered the registration of workers, including domestic workers, and the creation of awareness among workers about their right to be registered.

At the beginning of the hearing, the Commissio­ner of SESSI submitted a report in response to previous orders, claiming that awareness campaigns were ongoing and that the institution had developed a digital mobile application called the “Mazdoor Registration Portal,” which enables workers to register themselves digitally.

Referring to its earlier orders regarding the inspection of hospitals, schools, and other directives, the bench instructed SHC’s Inspection Team-II to ensure compliance. The court also stated that “Samiullah’s Commission on Workers in Sindh” must be uploaded on the website.

“The Chairman of SESSI shall also submit a district-wise list of workers registered with SESSI. Moreover, it is important to note that every worker, whether in any sector or home-based/industrial, is required to be registered with SESSI. The current number of registered workers (700,000) indicates that the department has failed to fulfil its duty and comply with the aforementioned judgement,” the court added.

The bench also directed SESSI to launch a serious campaign with the assistance of deputy commissioners to establish registration camps at the taluka level and town headquarters. These camps will provide information and registration opportunities, while registration desks should be set up quarterly for a week, allowing workers to register.

The labour department must issue a notification regarding the establishment of camps across Sindh for worker registration, as the law stipulates that home-based workers are also eligible for registration, the court added.

“Furthermore, the SESSI Act provides for the establishment of a trust. Therefore, the Chairman must submit details on whether such a trust has been established under the relevant laws. If it has not, the trust must be established within two months,” the bench concluded in its order.

Fees for issuance of a succession certificate

In a separate case, the same bench on Thursday directed the National Database and Registration Authority (Nadra) to form a committee to examine the fee structure for issuing succession certificates.

At the previous hearing, the court had restrained Nadra officials from charging any fees for succession certificates or letters of administration, except for a formal fee required for the issuance of computerised national identity cards, family registration certificates, and similar documents.

On Thursday, Nadra director general (legal) and their lawyers agreed not to charge Rs22,000 or Rs10,000 as fees for succession certificates in the case of rejection. The bench, however, allowed nominal fees of Rs2,000 and Rs1,000, respectively, for the time being. It also requested Nadra to submit a proposal for forming a committee to review the fee structure, taking into account the quantum of the inheritance (tarka).

The court observed that since tarka is the inheritance of the legal heirs, they are required to approach various institutions, including Nadra, to claim it. Therefore, the committee should consider not imposing panel fees for inheritances of up to Rs1 million. For amounts exceeding Rs1m, fees may be scaled in different categories, but for inheritances up to Rs1m, only a nominal fee, not exceeding Rs2,000, should be charged. For amounts up to Rs100,000, only a nominal administration fee of Rs1,000 should apply. The court directed that this exercise be completed within two months.

Published in Dawn, September 27th, 2024