SUO MOTU CASE NO,12 OF 2011: In the matter of vs NOT
This suo motu proceedings before the Supreme Court of Pakistan arose regarding the inadequate remuneration paid to vocational trainers/teachers working in Industrial Homes run by NGOs with government support. The core legal questions involved whether paying a meager sum of Rs. 500 per month to trained vocational teachers violates Article 3 (elimination of exploitation) and Article 9 (right to life/dignity) of the Constitution of Pakistan 1973, especially when the statutory minimum wage for an unskilled laborer was set at Rs. 8,000 per month. The Supreme Court observed that paying remuneration below the minimum wage to trained instructors prima facie constitutes prohibited exploitation under Article 3 of the Constitution. The Court noted that despite recommendations made in 2007, the Government of Punjab had failed to revise the payment scale fixed in 1991. Consequently, the Supreme Court directed the Secretary, Social Welfare, Government of Punjab, to appear and explain the failure to reasonably increase the amount and to assist the Court regarding NGO registration and financial assistance.
- Does paying skilled vocational teachers remuneration below the statutory minimum wage for unskilled laborers violate Article 3 of the Constitution of Pakistan 1973?
- Whether the failure of the government to revise payment scales for decades constitutes prohibited exploitation under the Constitution?
- Can the Supreme Court issue directions to provincial government departments to explain non-revision of basic financial support allocated for educational and social welfare trainers?
- Article 3, Constitution of Pakistan 1973
- Article 9, Constitution of Pakistan 1973
- Voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961
ORDER
' It has been observed that in compliance of Articles 3 and 9 of the Constitution of the Islamic Republic of Pakistan, 1973, is not being made strictly, as it appears that the Government of Punjab is releasing about Rs,500 per Teacher to NGOs and allegedly the NGOs, after adding some more amount, which could be rupees one thousand or fifteen hundred makes the payment of salary to them for the purpose of imparting training to the students, in different vocational trainings in the Industrial Homes at grass root level, Mr. Muhammad Shafiq Awan, District Officer, Social Welfare, Rawalpindi, appeared and stated that in' the year 2007 recommendations were made for enhancement of the amount being paid by the Government but so far no action has been taken. It is to be noted that admittedly this amount was fixed in the year 1991 and thereafter no steps have been taken to revise the scale of payment and despite recommendations, so far . Orders have not been-passed in this behalf by the competent authority of -the Government of Punjab. Similarly, we fail to understand why the NGOs, which have been registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961, with the Government of Punjab, and are maintaining proper record disclosing the source of their income/grants yet the scale of amount being paid to the Industrial Homes Teachers, has not been increased with the passage of time. It is to be noted that under statutory provision an unskilled labourer is being paid Rs,8,000 per month, whereas it seems that the Trainers engaged in the Industrial Homes who are trained and have been deputed to teach the students, deserve more than the minimum wage, which is ordinarily paid to an unskilled labourer/worker. It is to be noted that exploitation under Article 3 of the Constitution is strictly prohibited and if the facts and figures which have been brought before us are correct, then prima facie, there is a clear violation of Article 3 of the Constitution.
2, Under the circumstances, we direct the Secretary, Social Welfare, Government of Punjab, to appear and explain as to why from the year 1991 onward the amount of Rs,500 has not been increased to a reasonable extent, despite the fact that recommendations have already been made. He would also assist this Court about the registration of NGOs and extending them finance assistance, if any, by the Government of Punjab etc.
3. Adjourned to 17-1-2013.