The supreme court ruled that the Sindh government he traveled beyond his authority and violated the warrant of the Office for the Minimum Wage by issuing a notice of raising the minimum rates of wages for unskilled adult and young workers employed in all industrial / commercial establishments in the province at Rs25,000 per month with effect from 1 July 2021.
“Taking in consider the provisions of the law (Sindh Minimum Wages Act, 2015) and the goal behind we are of the view that the government traveled beyond its authority to invade the mandate of the Council and issued the Notification without legitimate authority, “said an eight-page ruling written by Judge Syed Mansoor Ali Shah as he overturned the Sindh High Court order. in to lift of the minimum wage has been approved.
A three-way judge bench led by Chief Judge Umar Ata Bandial heard the matter.
The order stated: “At the same time, it must be said that we are not impassive in the face of the considerations that prompted the Government to issue the Notification. Rather, we appreciate the concern shown by the government for well-being of workers. However, the review of the minimum wage must be paid according to theart policy and mechanism laid down in the act. The government cannot go against the provisions of the act and assumes the function entrusted to the Board “.
The court pointed out that it was concerned with legality, and not merits of the decision of the government.
“It does not matter how noble purpose or objective, the Government cannot circumvent the mandate conferred by the legislator.
“The law makes the government responsible for setting minimum rates of wages in some industrial enterprises. It is the government that takes note of circumstances requiring fixation of the minimum rates of salary and tax on ball rolling referring to the question of fixation of the minimum rates of remuneration to the Board pursuant to Section 4 of the Act or direct the Board under Section 5 of the law to make recommendations on the aforementioned rates of wages and then the government accepts the recommendations of the edge with or without exceptions or changes or send it back for Reconsideration. “
The ruling said that once the board submits its recommendations to the governmentil government can only act in a manner prescribed by Section 6 of the act
“In this case, the government has decided to revise the minimum rates of wages and the council recommended that the minimum rates of wages will be raised to Rs19,000 per month. The government disagrees with the recommendation of the Council and without sending the question back to the Council as required by law, proceeded on just a issue the Notification after the minimum rate increase of wages at Rs 25,000 per month, “the ruling said.
The court said he was conscious of the fact that the minimum wage laws help ensure justice to work. The minimum wage remained a key element of public policy and the International Labor Organization (ILO) has designated the minimum wage as an international work standard.
“The minimum wage was originally proposed as a means to combat proliferation of the so-called exploitative factories in manufacturing industries ea ensure that workers received a fair wage for They work. The minimum wage is a primary measure of the social value of work; they bring about a change in work place power balance by giving workers rights vis-à -vis employers; and require employers and consumers to internalize costs of increase in wages.
