Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry on Wednesday observed that the Supreme Court will announce its verdict in the 7th Wage Board Award case in accordance with law and irrespective of the consequences of the award’s implementation.
All Pakistan Newspapers Society (APNS) counsel Abdul Hafeez Pirzada argued hundreds of newspapers had shut down due to implementation of the wage board award. The CJP told Pirzada that he agreed a large number of industrial units had been shut but the link to the award was not established. He observed that organizations, including newspapers publishers, continue to earn profits as well. A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and Justice Ghulam Rabbani had taken up the appeal of a number of newspaper publishers against the May 31 2011 Sindh High Court (SHC) verdict which had upheld the 7th Wage Board Award.
On May 31, a SHC Division Bench had rejected three different constitutional petitions filed by APNS and other media houses, challenging the vires of the Newspapers Employees Conditions of Service Act (NECS) 1973.
One of the petitions also challenges the vires of the Newspaper Employees (Condition of Service) Act 1973 under which the wage awards are constituted. The court asked Pirzada to advance his submission and complete his arguments on next hearing.
Pirzada told the court that there were two categories of journalists. He also said, “I will ask my clients give privileges to working journalists in accordance with the 7th Wage Board Award.”
The CJP, however, observed that hawkers play an important role in the media industry. He queried, “if hawkers stop delivering newspapers, how would media organisations manage their business?” During the proceedings, the court observed that the counsel for media organizations (Pirzada) was distracting the court from the subject at hand.
Pirzada contended that the NECS Act was a violation of Articles 4 (right of individuals to be dealt with in accordance with law), 10-A (right to fair trial), 18 (freedom to trade, business or profession), 19 (freedom of speech), 24 (protection of property rights), 25 (equality of citizens) and 2-A since denying an appeal was against the tenets of Islam.
Pirzada argued the award was illegal since it violated the due process of law. He said the award was not classifiable, discriminatory and unjustifiably inane and was not linked to working journalists. The court adjourned further hearings till September 28 and directed Pirzada to conclude his arguments then. President Pakistan Federal Union of Journalists (PFUJ) Pervez Shaukat, President All Pakistan Newspapers Employees Confederation (APNEC) Shafiuddin Ashraf and a number of media representatives were present in the courtroom.
