SUO MOTU CASE NO.12 OF 2011: In the matter of vs NOT
This matter comes before the Supreme Court of Pakistan by way of a suo motu case regarding the meager remuneration paid to teachers imparting vocational training in Industrial Homes at the grassroots level through non-governmental organizations in the Punjab. The core legal question concerns whether the stagnation of remuneration fixed in 1991, which falls below the statutory minimum wage for unskilled labour, constitutes a violation of constitutional protections against exploitation. The Court held that paying trainers less than the minimum wage, despite recommendations for enhancement, prima facie violates Article 3 of the Constitution of the Islamic Republic of Pakistan, 1973. The key principle laid down is that the State must ensure compliance with fundamental constitutional norms prohibiting exploitation and guaranteeing social and economic justice, ensuring that trained vocational instructors receive remuneration commensurate with or exceeding the minimum wage of unskilled labourers.
- Does the failure to revise remuneration fixed in 1991 for vocational teachers constitute a violation of Article 3 of the Constitution of the Islamic Republic of Pakistan, 1973?
- Are trained vocational instructors in Industrial Homes entitled to remuneration higher than the minimum wage of an unskilled labourer?
- What is the responsibility of the Government of Punjab regarding the financial assistance and supervision of NGOs registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961?
- Article 3, Constitution of the Islamic Republic of Pakistan 1973
- Article 9, Constitution of the Islamic Republic of Pakistan 1973
- Voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961
ORDER
It has been observed that 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.