In an article under the caption "Fast Track Labour Courts" published in your esteemed newspaper on 5th May, 2008, the author, Mr Mahmood Abdul Ghani, has made objectionable and derogatory remarks on the most representative employers and workers organisations in Pakistan.
In Para 5 of his article, the author writes and I quote "Employers' Federation of Pakistan and WEBCOP which comprises representatives of certain employers and professional labour leaders and having the blessings of the military dictator, for unknown reasons abolished Labour Appellate Tribunals in the provinces and once again conferred on the High Court right of Appeal". Unquote
I challenge the knowledge and perception of the writer about Employers' Federation of Pakistan and would like to inform him that;
1. The Employers Federation is the most representative independent organisation of employers of Pakistan in the matter of industrial relations and social dialogue. It is the only employers' organisation of Pakistan affiliated with the International Organisation of Employers and its Managing Committee members are elected by the employers through secret ballots. EFP has the mandate of the employers to represent them in all tripartite consultations on labour issues nationally and internationally.
2. The EFP neither ever had "the blessings of the military dictator" nor ever "for unknown reason abolished LAT" as alleged by the writer. In none of the verbal and written submission during consultation on amendments in IRO 2002 which continued for 2-3 years has EFP ever recommended the abolition of Labour Appellate Tribunal and the writer is challenged to prove his statement.
3. To the best of EFP's knowledge, even the WEBCOP did not recommend abolition of LAT at any stage of the bilateral or tripartite discussions on the subject.
IN THE LAST PARA OF HIS ARTICLE THE AUTHOR WRITES AND I QUOTE:
"Both labour and management have suffered during the last six years. It is high time that labour matters and amendments in labour laws are made by people who know labour laws and not by those who have an eye on annual pilgrimage to Geneva to attend ILO conferences and/or collect large funds from the members of the Federation only to spend on dinner and visits to Islamabad without making any contribution for improvement in labour management relations". Unquote
In my opinion, labour and management in the last six years have become wiser enough to settle their differences and disputes bilaterally rather than falling in the trap of lawyers (people who know labour laws) who have caused tremendous damage to labour-management relations by advising both sides to resort to or prolong litigation even on trivial matters by taking advantage of the legal loopholes.
I have no reason to understand what grudge the writer holds against delegates from the government, employers and workers representatives who meet for social dialogue under ILO's institutional arrangement at Geneva or for consultations at Islamabad sometimes bearing their own cost of travel and what relevance or relationship could be attributed to them vis-a-vis the fast track appellate courts which was the subject matter of the article. I only feel pity on the miserable state of the writer's mindset and sense of pseudo deprivation while writing those lines.
As far as his suggestion for Fast Track Labour Appeal Courts are concerned, I feel the whole judicial system in the country needs to be put on "Fast Track" rather than only Labour Appellate Courts in the larger interest of expeditious delivery of justice. What we need is the establishment and development of a special Cadre of Tripartite Labour Judiciary comprising of seasoned retired judges of the Superior Courts, professional HR and Labour practitioners and increased number of Labour Courts and Appellate Courts which may expeditiously handle and dispose of labour differences before they turn into serious disputes reflecting adversely on labour-management relations and enterprise environment.
(The writer is Chairman IR Advisory Committee, Employers' Federation of Pakistan, Karachi.)