Civil petitions for leave to appeal bearing Nos 5620, 5800 ,and 5863 of 2021 assail the judgement dated 15 October 2021 of the learned Judges of the High Court which was delivered in petitions which had challenged an unpublished notification issued by the Government of Sindh dated 19 July 2021…It is contended that the Notification did not comply with the Sindh Minimum Wages Act, 2015…Whereas civil petitions for leave to appeal bearing Nos. 5970 and 5863 of 2021 are filed by the petitioners who had asserted that they are trans-provincial organisations and as such come under the Federal legislative regime with regard to the fixation of minimum wages and that the Act was not applicable to them but complain that the impugned order dated 11 November 2021 did not consider their contention. CMA Nos. 12213 and 12214 of 2021 have been filed by parties do did not challenge the Notification but seek to be arrayed as parties herein because they state that the impugned judgement dated 15 October 2021 is also adversely affecting them.

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The Board had recommended a minimum wage of nineteen thousand rupees per month, increasing it from the previous minimum wage of seventeen thousand and five hundred rupees. However, the Provincial Cabinet enhanced the minimum wage to twenty-five thousand rupees per month but without issuing a Gazette notification as envisaged by section 6 of the act. Instead the Gazette notification was issued on 12 November 2021, pursuant to the impugned judgement, which the High Court could not direct, it is submitted. Reference is also made to Section 6(2) of the Act and it is contended that while the Government is empowered to refer the matter back to the Board with its comments the Government does not have the power to itself determine the minimum wage.

The learned Mr Shahid Anwar Bajwa, who represents the petitoners Nos. 5970 and 5863 of 2021, adopts the above submissions if it is determined that the petitioners are provincial organisations. He submits that the petitions filed in the High Court had been separated from the other petitions as the petitioners had asserted that the petitioners were trans-provincial organisations and were governed by Federal legislation. However, their petitions in the High Court were disposed of vide order dated 11 November 2021 which placed complete reliance upon the judgement dated 15 October 2021, and without attending to the trans-provincial organisation submission and of the exclusive applicability of the Federal law as had been urged…

It is submitted that the Board had enhanced the minimum wage to nineteen thousand rupees, even though a Gazette notification in this regard was not issued, while the minimum wage under the Federal law was increased to twenty thousand rupees. Those petitioners/applicants who are Sindh based organisations undertake that they shall make payment of nineteen thousand rupees per month to their employees with effect from 1 July 2022 and those who contend that they are trans-provincial organisations undertake that they shall pay twenty thousand rupees per month to their employees from the applicable date and shall continue to do so till the decision of the case. They further submit that if this Court upholds the impugned judgement and order the petitioners/applicants will pay the balance accrued amount to the workers. Subject to complying with the aforesaid undertaking the impugned judgement/order and the Notification is suspended until the next date of hearing.