Centre’s policy on ghost housing scheme sought

SHC rebukes Sindh govt for failure to appoint heads for wage board, price bureau

KARACHI:

The Sindh High Court sought a policy from the federal government on Monday over the Railways Housing Scheme, which was launched in 1984 but has yet to materialise.

A two-member bench, comprising Justice Irfan Saadat Khan and Justice Arshad Hussain Khan, was hearing a set of pleas filed by 2,800 current and former employees of the Pakistan Railways, who had invested their life savings in the state sponsored scheme.

The petitioners' counsel contended that former railways minister Yousuf Raza Gillani had allotted 1,500 plots to railways employees in 1986 in Gulshan-e-Yousuf, Jumma Goth. The counsel maintained that the allottees deposited money with the relevant authorities but the government took the plots back. He argued that the petitioners should at least be returned the amount they deposited.

The assistant attorney general of Pakistan stated that based on Supreme Court's decisions, railways land can not be sold.

Hearing this, the bench directed the government lawyer to submit copies of the federal government's policy and the apex court's orders.

Minimum wage

Another two-member bench, comprising Justice Salahuddin Panhwar and Justice Adnanul Karim Memon, asked the petitioners challenging the Sindh government's decision to fix the minimum wage at Rs25,000 to specify who among them are employers and who are third party contractors.

Workers' unions and representatives, who were made party to the case, informed the court that not all of the petitioners were industrialists or direct employers. Many of them are third party contractors, argued the counsel representing labourers.

The bench had earlier directed the parties to agree on an interim minimum wage but representatives of the petitioners and the workers could not agree on a single formula to decide the minimum wage. The parties also disagreed on the date on which an interim minimum wage of Rs19,000, proposed by the petitioners, could be notified.

The petitioners have contended that the provincial government set the minimum wage without routing it through the Minimum Wage Board. The bench has also expressed annoyance at the board functioning without a permanent head and on September 9, had given two weeks for the appointment of a relevant expert.

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On Monday, the government lawyer informed the bench that a letter has been written to the relevant authorities for the appointment of a permanent chairperson.

"What decisions can a MA pass officer make regarding labourers," remarked Justice Panhwar. He added that the court did not want to leave workers helpless but it did not want industries to be affected either. "In India, Bangladesh and Sri Lanka, [the minimum wage is] equivalent to Rs20,000," remarked Justice Panhwar. He suggested a high-level commission be constituted to work out a mechanism to fix the basic wage and to implement it.

The federal government set the minimum wage at Rs20,000 for the fiscal year 2021-22. Punjab and Balochistan have followed suit while Khyber Pakhtunkhwa has fixed it at Rs21,000.

Seeking a list from the petitioners' counsel identifying third party contractors and employers among them, the bench adjourned the hearing till September 15.

Price control

Meanwhile, a two-member bench led by the SHC Chief Justice Ahmed Ali Shaikh and comprising Justice Yousuf Ali Sayeed expressed annoyance at the Sindh government for failing to appoint the director-general for the Sindh Bureau of Supply and Prices.

Hearing a petition seeking action against hoarding and price hikes, the bench gave the relevant authorities two weeks to submit a report on the rates for essential food items.

The government does not appear to want to control the prices of essential goods, remarked the bench. Rebuking the provincial government's representative, the bench reminded that the court had issued directives for the appointment of the bureau's head three months ago. "Why has the DG not been appointed yet?"

The bench directed the Sindh additional advocate general to alert the provincial government regarding the appointment and sought a report of prices of essential food items within two weeks.

The petitioner has contended that prices for essential items are not fixed because the key post of Sindh Bureau of Supply and Prices DG has been vacant for the past 12 years. Hoarders stockpile essential goods and set prices as they wish, the petitioner has argued, seeking price control.

Plea rejected

Separately, the court rejected a petition challenging the appointment of Dr Izhar Hussain as the director for the Dow University's Institute of Business and Health Management after hearing the arguments by counsels of both the parties.

The petitioner had contended that Dr Hussain was over 70 years of age and was neither a professor nor an associate professor of the relevant field.

On the other hand, the varsity's counsel maintained that Dr Hussain was the most senior candidate for this post. "His experience in the field of pharmacy sets him apart from other candidates," argued the lawyer, adding that the courts have relaxed the age limit when it comes to field experts.

After hearing the arguments, the two-member bench led by Justice Panhwar rejected the petitioner's contention and disposed of the plea.

Published in The Express Tribune, September 14^th, 2021.