h1

1995 CLC 1281

MST. ZAIB-UN-NISA
V/S
THE GOVERNMENT OF THE PUNJAB, DEPARTMENT OF EDUCATION
Per Sharif Hussain Bokhari, J.

(a) Constitution of Pakistan (1973), Article 11

Punjab Local Government Ordinance (VI of 1979), Ss. 43 & 46—Payment of wages-Entitlement —Non-payment of wages to Local Government employee— Effect—Where Local Council employee was made to work without payment of salary for more than two years, such situation was against spirit of Islam as Islam envisages payment of wages before sweat of toil is dried up— Performance of duties under such situation would also amount to forced labour which was forbidden by Art. 11 of the Constitution.—[Islamic Jurisprudence]. [p. 1284] A

(b) Constitution of Pakistan (1973), Articles 29 & 3
Punjab Local Government Ordinance (VI of 1979)— Ss. 43 & 46—

Constitution of Pakistan (1973), Arts. 29 & 3— In terms of Article 29 of the Constitution of the Islamic Republic of Pakistan, 1973 the respondents are duty bound to act in accordance with the Principles of Policy set out in Chapter 2, Part II of the Constitution in so far as they relate to their functions. These principles include ‘equitable adjustment of rights between employers and employees; to provide for all citizens facilities for work and adequate livelihood; to provide for all persons employed in the life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment. The respondents, by not paying salary to the petitioner for the past more than two years have acted contrary to these Principles of Policy. They exploited the situation and denied to the petitioner her valuable right to remuneration according to her grade which also is in violation of Article 3 of the Constitution which casts duty on the State to eliminate all forms of exploitation and gradual fulfillment of the fundamental principle, from each according to his ability, to each according to his work. [p. 1284] B

In the light of the above discussion this writ petition is accepted. The respondents are directed to immediately release the emoluments (salaries and other admissible allowances) to the petitioner from the date of her joining the service, till date, on the basis of her pay scale. However, there shall be no order as to costs. [p. 1284] C

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: