Unnumerable illegal moves by this government and yet another is here. Provincial govt increases minimum wage to Rs25,000 per month without taking Minimum Wages Board into confidence
The top court has ruled that the Sindh government travelled beyond its authority and encroached upon the mandate of the Minimum Wages Board by issuing a notification of raising the minimum rates of wages for unskilled adult and juvenile workers employed in all industrial/commercial establishments in the province to Rs25,000 per month with effect from July 1, 2021.
“Taking into consideration the provisions of the (Sindh Minimum Wages Act, 2015) Act and the objective behind it, we are of the view that the Government travelled beyond its authority to encroach upon the mandate of the Board and issued the Notification without lawful authority,” an eight-page judgment authored by Justice Syed Mansoor Ali Shah said while setting aside the Sindh High Court order wherein raise of minimum wage was endorsed.
A three-judge bench led by Chief Justice Umar Ata Bandial heard the matter.
The order said, “At the same time, it needs to be said that we are not unmoved by the considerations which urged the Government to issue the Notification. Rather, we do appreciate the concern shown by the Government for the welfare of the workers. However, the revision of minimum wage is to be done according to the policy and mechanism laid down in the Act. The Government cannot go against the provisions of the Act and arrogate to itself the function entrusted to the Board.”
The court emphasised that it was concerned with the legality, and not the merits of the decision of the government.
“No matter how noble the purpose or objective be, the Government cannot skirt around the mandate granted by the legislature.
“The Act makes the Government responsible for fixing the minimum rates of wages in certain industrial undertakings. It is the Government that takes cognisance of the circumstances necessitating fixation of the minimum rates of wages and sets the ball rolling by either referring the question of fixation of the minimum rates of wages to the Board under Section 4 of the Act or directing the Board under Section 5 of the Act to make recommendations on the said rates of wages and then the Government accepts the recommendations of the Board with or without exceptions or modifications or sends it back for reconsideration.”
