This is a public interest petition filed before the Lahore High Court seeking the fixation of a minimum wage for domestic workers. The core legal question revolved around whether domestic workers are entitled to a minimum wage and protections under existing labor laws and constitutional principles, particularly considering allegations of discrimination. The court noted that while international conventions carry persuasive value, and existing statutory frameworks like the Minimum Wages Ordinance, 1961 and the Provincial Employees' Social Security Ordinance, 1965 address various labor rights, the specific fixation of minimum wages for domestic workers is primarily a matter requiring legislative policy action, especially given the devolution of labor to the provinces. Consequently, the court disposed of the petition while expressing the expectation that the Government of Punjab would consider enacting legislation on the subject, emphasizing that Article 3 of the Constitution of Islamic Republic of Pakistan, 1973 underpins the principle of equal work for equal pay.
C.M.No, 7803/2015 This is an application to place additional Documents on the record. Allowed subject to all just, and legal exceptions.
C.M.No, 7804/2015
2. Dispensation prayed for is allowed subject to all just and legal exceptions. CM. disposed of.
MAIN CASE.
3. This is a public interest petition praying that domestic workers should have a minimum, wage. He has placed reliance on Minimum Wages Ordinance, 1961 and definition of "workers" which includes a domestic worker in an industrial undertaking. He has also placed reliance on Domestic Workers'
Convention, 2011 to support his contention. He frankly submits that Pakistan is not a signatory to the said convention but any such convention carries persuasive value and relies on Human Rights Case No, 29388-K of 2013 (PLD 2014 SC 305).
4. Learned Law Officer submit that Government has already initiated efforts in this regard and has referred to draft Punjab Domestic Workers' Policy, 2015' initiated by the Labour & Human Resource Department, Government of Punjab.
5. Learned DAG and the Standing Counsel, on the other hand, submit that the subject' of labour/ employment has devolved to the Provinces. They referred to Section 55-A of the Provincial Employees' Social Security Ordinance, 1965 which provides that every employer of a domestic worker must provide medical facility to the domestic workers.
6. This is an important issue and it appears that in the light of the law referred to above, the domestic workers are being unduly discriminated. It is now a settled principle that equal work must carry equal pay, this, principle rests on Article 3 of the Constitution of Islamic Republic of Pakistan, 1973.
7. Without prejudice to the above, the issue of minimum wages for domestic workers requires legislation and is, therefore, a policy issue. Therefore, a copy of this petition and order is dispatched to Secretary, Labour & Human Resource Department, Government of Punjab with the hope and expectation that Government of Punjab will consider the possibility of legislation on the subject.
8. Disposed of.