KARACHI, June 1: While people approach the judiciary to get their grievances redressed, workers have to approach the executive branch of the government to secure their rights.

However, in the majority of cases, it is usually organizations being managed or controlled by the executive that workers have complaints against.

Sources said this system is separate from the judiciary, though some of its members are brought in from the judiciary and are judges, while other officers providing justice to the workers are either labour department officials or are hired by the government for a particular post, though they have to have the qualifications of a judge or member of the judiciary.

They said that since the majority of people providing justice to the workers are government servants, it could create a clash of interests as the government is probably the largest single employer and workers of government organizations or autonomous bodies who have not yet got their own statutory rules also have to go to these bodies to seek justice.

The sources said that some of the forums available to workers for securing their rights include labour courts, the National Industrial Relations Commission (NIRC), the Authority for Payment of Wages Act, Workmen’s Compensation Commission and Implementation Tribunal for Newspapers Employees.

The separate system for workers was established probably with an intention that they would get justice quickly, as in some cases it is binding that the decision has to be taken in a week. But in practice, the cases continue for years and in certain cases the litigants – especially those who are illegally sacked – retire while the case is still in court.

Sindh Labour Minister Amir Nawab, speaking recently at a meeting of presiding officers of labour courts, expressed concern over the delayed hearings in these courts owing to which the workers suffered. He had directed that cases be decided quickly so that timely justice was done.

Labour courts

There are eight labour courts in the province – five in Karachi and one each in Hyderabad, Larkana and Sukkur. The Sindh government requests the high court to provide district and sessions judges to work as presiding officers of the labour court. They can decide issues relating to industrial disputes, demands for pay enhancement, more bonuses, or other facilities that are beyond those defined in the labour laws, as well as taking decisions if the agreement entered between the workers and management was being violated.

Union registration disputes are also heard by this court, as are cases related to illegal strikes/lockouts. Earlier, an appeal against the labour court could be made in a Labour Appellate Tribunal, but under the IRO 2002 it was abolished and the appeal could be made in the high court.

The labour courts have to decide in seven days, though this is not mandatory and cases may take years to decide. One famous case was of a Security Printing Corporation employee, who was sacked and was reinstated over a quarter of a century later, when he had passed the age of superannuation.

NIRC

The National Industrial Relations Commission is headed by a chairman (a retired high court judge or having equal qualifications) and comprises eight or more members having qualifications equal to district and sessions judges. Industrial disputes of organizations that have presence in more than one province are heard by this body. It has representation in all four provinces. Appeals against its decisions can be made with its full bench – comprising three or more members – or in the high court as a constitutional petition.

It conducts referendums in organizations that operate in more than one province. Workers – when sacked on other pretexts but in fact penalised due to their union activities – also file cases with this body. There is no time limit to decide cases, though decisions are usually made quickly.

Authority for Payment of Wages Act

An assistant director, who is a law graduate of the labour department, is given this additional charge. If the organization is not paying the allowances, arrears or dues of a worker, or has made illegal deductions, this authority hears the case and can also impose a fine of up to 10 times the dues. Its appeals can be filed in a labour court.

Workmen’s Compensation Commission

An assistant director of the labour department is given the additional charge of the commissioner and workers who have suffered injury or have met with an accident can approach the commission to get compensation. Even a spouse or legal heirs of a deceased worker can move this court and get compensation.

Implementation Tribunal for Newspaper Employees

Its chairman has to be a retired high court judge and its job is to implement the Wage Board award. It has no system of appeals. The Wage Board decision is deemed to be taken as a decision taken by the NIRC full bench. An appeal against the decision of the tribunal could be made in the Supreme Court if it had awarded a six month or longer imprisonment.