KARACHI, April 25: The Sindh High Court on Tuesday restrained the Implementation Tribunal for Newspaper Employees (ITNE) from adopting coercive measures for recovery of the amount awarded by it to 68 employees of the daily Jang, Rawalpindi, if the employers deposit it in the court by cash and bank guarantee within 15 days.
The order was passed by a division bench comprising acting Chief Justice Sarmad Jalal Osmany and Justice Gulzar Ahmed on an application moved by the All Pakistan Newspapers Society. The application sought an interim order to restrain the implementation tribunal from adopting coercive measures against the Independent Newspapers Corporation (Pvt) Limited, owner of the daily Jang, for recovery of the amount adjudged by it in favour of the 68 employees under the Land Revenue Act, 1967. The amount consists of seventh wage award arrears for newspaper employees.
Appearing for the APNS, Advocate Abdul Hafeez Pirzada argued that the ITNE chairman had no authority to assume the authority of revenue collector for recovery of amount adjudged by him. Besides, the petitioner society, including the Jang Group, has challenged the very validity of the wage awards and the vires of the law under which they are made, that is, the Newspaper Employees (Conditions of Service) Act, 1973.
Representing the Jang Employees Union, Advocate Akhtar Hussain maintained that the petitioner society had assailed the recovery notice without questioning initial order made by ITNE Chairman Justice (retired) Tanvir Bashir Ansari on February 25. He said his clients sought hearing of the main APNS petitions but were willing to agree to an interim order provided the Jang Group deposited the adjudged amount in the court.
By a consent order, the bench ordered that the employer company shall deposit 50 per cent of the adjudged amount in cash and furnish bank guarantee for the remaining half to the satisfaction of the SHC nazir within 15 days and suspended the implementation tribunal’s recovery notice in the meanwhile. The amount shall be invested in some profitable government security and will remain available for payment to the successful party.
The attorney-general, who is on notice in the main petitions, could not appear on Tuesday and the bench directed that notice be reissued for the third week of May for final hearing.
