ITNE DECLARED THAT PFUJ CAN CONTEST THE CAUSE OF NEWSPAPER EMPLOYEES FOR SECURING IMPLEMENTATION OF THE 7TH WAGE BOARD AWARD
The Implementation Tribunal for Newspaper Employees, Islamabad, has rejected the plea of the newspaper owners that the Pakistan Federal Union of Journalists (PFUJ) cannot contest and represent the cases of the newspaper employees for implementation of the 7th Wage Board Award and securing their wages and other benefits in terms of law.
The Chairman ITNE, Nasir Hussain Haideri, has given this verdict in a case titled Pakistan Federal Union of Journalists V/S Daily Asas, Rawalpindi. It may be noted that the PFUJ has filed cases against almost all the daily newspapers, weeklies, fortnightlies, monthlies, magazines, digests, periodicals and news agencies before the ITNE seeking implementation of the 7th Wage Board Award for the newspaper employees.
In all these cases, the managements took a legal objection and challenged the representative character of the PFUJ claiming that it has no jurisdiction to represent or agitate before the ITNE and file cases on behalf of newspaper employees.
The newspaper managements also took a plea that the ITNE has no jurisdiction to entertain the applications filed by the Secretary General of the PFUJ.
The learned ITNE Chairman after hearing the detail arguments of the case ruled out the objection of the managements and declared that the PFUJ lawfully can contest the cases of the newspaper employees. The decision of the ITNE is given below:
BEFORE MR. NASIR HUSSAIN HAIDERI, CHAIRMAN
IMPLEMENTATION TRIBUNAL FOR NEWSPAPER EMPLOYEES
Pakistan Federal Union of Journalists through its Secretary General
- Versus --
Daily Asas, Rawalpindi
Present:Shamsul Islam Naz for PFUJ
Mr. Abdul Matin Advocate for Management of Daily Asas, Rawalpindi
Order No.2: Dated Islamabad Wednesday the 14th July, 2010
This is a petition under section 13 of the Newspaper Employees (Condition of Service) Act, 1973 read with Rule of the ITNE (Procedure & Function) Rules, 1977, filed by Mr. Shamsul Islam Naz, Secretary General, Pakistan Federal Union of Journalists. Notice was issued to the respondent management of Daily Asas, Rawalpindi to submit its reply. The respondent management has raised objections that this Tribunal has no jurisdiction to entertain this application, filed by the Secretary General, Pakistan Federal Union of Journalists. The management has stated that the petitioner is not a representative of Trade Unions, registered under the law. He has also objected that this Tribunal is barred by the Newspaper Employees (Conditions of Service) Act, 1973 or the Rules framed there-under to entrust its power conferred on it by the legislature on the public at large or to any employee of the organization and he requested for cancellation of the suit.
2.On the other hand the petitioner while supporting his application stated that section 13, sub-section (6) of the Newspaper Employees (Condition of Service) Act, 1973 empower this Tribunal to require from a newspaper establishment to file a declaration in such form and give such information as the Tribunal may determine or require. The petitioner also contended that this Tribunal is meant for implementation of the Wage Board Award. The petitioner also contended that Wage Board Award is constituted under Section 9 of the NECOSA, 1973 to safeguard the interest of employees. He concluded that Section 2 (d) of the Act defines that ‘newspaper employee’ means any person employed to do any work in the newspaper establishment. He also referred Section 2 (gg) and (h) which relate to the constitution of this Tribunal and payment of wages under the Wages Act to the employees. Counsel for the management while arguing his case stated that this Tribunal can only invoke jurisdiction under Section 13 (6), while requiring from the newspaper establishment to file a declaration in such form and give such information as the Tribunal may determine. On the other hand the petitioner has stated that any aggrieved person has the right to move to this Tribunal for wages right and if not, the Tribunal may take Suo-Motu action against the management and there is no bar moving any application to this Tribunal. The petitioner stated that he is Secretary General of Pakistan Federal Union of Journalists which is the authorized union to defend the rights of the employees of the newspaper establishment. The petitioner has stated in his application that Federal Government has constituted a Wage Board Award which is effective since July, 2000 and according to section 15 of the NECOSA, 1973, decision of the Board is binding on all employees.
3.In notice issued by this office, it is clear that this Tribunal has initiated Suo-Motu action under section 13 of the Newspaper Employees (Conditions of Service) Act, 1973 and has registered the case against the respondent management. The application of the petitioner is maintainable. The objections raised by the respondent management are ruled out. Respondent management is directed to furnish the duly filled in declaration form, copy of the salary register and attendance register, copy of certificate to employees to the effect that case is pending before this Tribunal and three sample copies of the publication.
4.The case is adjourned to 21/09/2010.
(NASIR HUSSAIN HAIDERI)
Shamsul Islam Naz Secretary General PAKISTAN FEDERAL UNION OF JOURNALISTS 12-Nazimuddin Road, F-6/1 Islamabad, Pakistan Phone Office +92(0)51 2870220-1 Facsimile +92(0)51 2870223 Cellular +92(0)300 8665523 http://www.shamsulislamnaz.com http://www.pfuj.pk