Labour pains - II

We have a legacy to be followed by our children in Pakistan. Legends of this country like; Sir Abdullah Haroon, Sir Adamjee, Ahmad and Ali Mohammad Dawood, Mohammad Ebrahim Bawany, Tabba, to name some in Sindh, through their hard struggle and honesty of character developed an empire in this country. Their children are following the legacy of their parents. No wonder; Dawood Hercules Fertilizers, operated and headed by Hussain Dawood have flourishing businesses in this country.
This is only because their parents left a legacy of honesty, hard-dedicated work as an example, which is followed by their children. Also, Adamjee, Pakola Family and Bawany family in Sindh and in the Punjab Crescent Group headed by Mian Shafi and the Nishat Group headed by Mian Mansha with hard struggle in honesty, sincerity have a flourishing business in this country. Allah has rewarded them and their names are being taken with respect in this country. Surely this should be the attitude and approach of all politicians, businessmen, Jagirdars, Waderas, industrialists and commercial entrepreneurs in this country. Collectively we all have to work with sincerely, honesty and without any corruption to build this country. India is the role model to be followed along with China, South Korea and even Malaysia.
Coming again to the employers of this country, primarily focus has been made in this thesis that it is high time that they must work with the reality that what they have earned and taken advantage of due to inconsistencies, omissions and anomalies in the Labour Laws of this country in the past cannot continue any further. Gaining time through courts' orders will serve no further purpose. All disputes with workers pending in the Labour Courts, Labour Appellate Tribunals and even High Court and Supreme Court should be resolved through the process of bilateral negotiations. A separate chapter on this subject appears in this book. Employers must ensure that they pay to the workers minimum wages, enforce the provisions of Employees' Old Age Benefits laws and the Social Security and fully cover all the workers employed by them and not pay Rs 4,000 or Rs 5,000 pm as minimum wage and take a receipt of Rs 7,000 from their workers. The policy announced by the Prime Minister as the Labour Policy 2010 of giving workers wages only through cheques overlooks the fact that there is a provision in the law that all bank account holders must maintain a minimum balance of Rs 5,000 in their accounts or else they are charged commission or interest. Little do our leaders realise that invariably almost 70 percent of our workers strength are hand to mouth. If they are made payments through cheques of minimum wages, and have to keep a balance of Rs 5,000 in the bank account, nothing will be left for them. One suggestion is that there should be instructions issued by the State Bank of Pakistan to all the commercial banks in this country not to enforce the requirements of minimum balance of Rs 5,000 in the account of the workers. Giving of minimum wage of Rs 7,000 pm to a worker should be enforced rigidly by making payments through cheque. This should be extended to agricultural workers also and also workers in unorganised sectors. For eight hours of work, no person, be he employee or servant of a retired general, an employee of the judge of the apex court, high court, Supreme Court or in the judiciary and an employee of a bureaucrat or a Member of Senate, National Assembly or provincial assembly be given less than the minimum wage.
Thereafter, the Director of Labours must ensure that all the provisions of the Labour Laws in this country are rigidly implemented in letter and spirits. Giving monthly bribe to the Inspector of a factory is not a long-term solution. If employers are in the business, they must pay minimum wage, issue letters of appointment as provided in law, cover all employees employed by them under the Employees' Old Age Benefit law and Social Security law, discourage pocket trade union, encourage increase in productivity as a commitment to grant of a financial benefit to the workers and avoid theft of electricity and gas, excise, income tax, sales tax etc. Employers of this country can stand and face eye to eye before all concerned. They can even submit before the judges presently alleged to be engaged in judicial activism that it is not their fault if any worker creates instability in this country. We expect the workers to work. Once this is done, exploitation of workers by the professional labour leaders, and some elements amongst the members of the Bar out to exploit the situation, will come to an end. Corruption will only come to an end if Employers rigidly enforce Labour Laws in the country and do not follow advice or suggestions of officials of the Labour Department.
The author calls that recently one Constitution Petition was filed by a certain hotelier before the Division Bench of the Sindh High Court at Karachi alleging that a certain sitting Joint Director of Labour Welfare at Karachi, whilst still in office, was also simultaneously doing labour practice. The said Joint Director Labour on a letterhead of his name issued a circular informing all commercial establishments in his jurisdiction that he was on monthly retainership of Rs 20,000 to Rs 25,000 and even gave names of his clients. He demanded all hoteliers in Karachi to even engage him and on their refusing ensured that the hotelier would be challaned on account of violation and breach of Industrial and Commercial Employment "(Standing Orders) Ordinance 1968, West Pakistan Shops and Establishment Act and other Labour Laws. One brave hotelier refused to come under his pressure, and filed a Constitution Petition impleading the Director of Labour, Government of Sindh and other officials, apart from the said Joint Director of Labour Welfare as a respondent. It is apparently thus that the Secretary Labour and other senior officials came to know that their official was involved in such illegal activities, when they appeared before the Division Bench of the High Court.
Further progress of the case is awaited. This reflects how Provincial Government officials, holding senior post in the Directorate of Labour are involved in exploiting the situation by simultaneously doing labour practice even while holding office trying to mislead and misguide the employers. There is another one instance where one senior official of the Ministry of Labour has formed a firm of associates for providing Labour laws advice and also established his private practice by appointing his nephew or cousin in the forefront, but doing all the labour work in the Ministry, as he had multinationals and foreign companies officials visiting his office. All this is a sorry state of affairs in our country. Even persons holding senior office in the National Industrial Relations Commission are more or less doing the same work in a clandestine manner. The less said about the Commission the better.
Employers again are not even aware as to the millions of rupees by way of back benefits and current salaries which they have deposited in the Labour Appellate Tribunals and in the High Court in Sindh and Punjab nor have they chosen to write to the Courts that the amount so paid and deposited by them be invested in Defence Saving Certificate Scheme or other such National Certificates to earn profits. Today no Federation, Association or Chamber of Employer in this country has any statistical data as to the number of cases instituted in the province, number of cases decided, amount of back benefits returned to them or uninvested by these courts. As far as such employers are concerned, these amounts are as if "Bad Debts" in Accounting Terminology. No effort by the Employers has been made, to ensure that billions of rupees contributed by them towards Employees' Old Age Benefit Institution (EOBI) are properly and effectively utilised. The said employers on the Board of Trustees of EOBI, have no effective control or say in the matter of the contribution made by the employers. The same is the position in relation to the government body, membership of employers under the Provincial Employees Social Security Law.
In my article "Industrial Relations Fiasco" of my last book "Dynamics of Industrial Relations and Trade Unions in Pakistan" it was pointed out that Workers Welfare Fund Ordinance, 1971 alone has Rs 59 billion collected by the government from the employers to be utilised for the welfare of workers. It is not known as to what has been the fate of this amount. EOBI collected billions of rupees which has been defaulted in large amount. Public Accounts Committee of the National Assembly had taken a strong view for this breach and violation of EOBI law and its non-judicious use, instead of utilising it on welfare of the workers. It is surprising that even after the Public Accounts Committee took up this matter, which was prominently reported in all Urdu and English newspapers, neither the Federation nor the Association or Chamber including some of the powerful Associations of Textile Mills and Sugar Mills have issued any public statement or asked for any judicial inquiry, nor requested the Apex Court for suo motu action of embezzlement of amounts contributed to by employers.
If Employers make contribution then they must ensure that their amount so contributed is spent on the welfare of the workers and not embezzled by those in the EOBI and Directorate of the Labour or Ministry of Labour. A cell must be established by all the Federations, Association and Chambers of Commerce & Industry in this country, where they must ensure statistical data is collected and timely, effective and meaningful contribution is made, so that we do not leave promulgation of the Labour Laws and abuse of Labour Laws entirely at the mercy of those in powers or the Labour Directorate or Ministry of Labour or formulation of Labour Laws are made merely on the desire of the Labour Leaders or any political party to further its politically agenda. Labour Laws should be framed keeping in view national interest over all other interests.
The author has all respect, both for the Employers and the Workers and superior judiciary of this country. This analysis is an honest attempt in good faith to ensure implementation of labour laws in this country. It should be taken in that spirit. The author submits regret and apology if any one stands offended by this article. It is out of love of this country more than anything else that has prompted the author to analyse this situation. This should not mean it is to be taken as grant of licence to workers who should go scot-free for illegal actions.
(Concluded)
(The writer is an advocate of Supreme Court)