ISLAMABAD, June 20: The All Pakistan Newspapers Society on Thursday approached the Supreme Court for declaration that the the Newspaper Employees (Conditions of Service) Act, 1973, was violative of the fundamental rights of the owners of the newspaper industry, and the Seventh Wage Board Award was of no legal effect.

The petitioners stated that it was a matter of public importance as the Newspaper Employees (Conditions of Service) Act, 1973, was violative of the fundamental rights guaranteed under Article 8 (law inconsistent with or in derogation of fundamental rights to be void); Article 9 ( right to life, liberty, and security of person); Article 14 (dignity of man); Article 18 (freedom of trade, business, or profession); Article 19 ( freedom of press); Article 23 (right to enjoyment of property); and Article 25 (safeguards and equality of persons).

The petition, filed by 24 members of the APNS, through advocate Abdul Hafeez Pirzada, under Article 184 (3), has impleaded the federal government, chairman of the Seventh Wage Board Justice Raja Afrasiab Khan, employers’ members on the Seventh Wage Board, Pakistan Federal Union of Journalists, All Pakistan Newspaper Employees Confederation, Implementation Tribunal for Newspaper Employees and the National Industrial Relations Commission. The attorney-general of Pakistan has been impleaded as proforma respondent.

The petitioners stated that provisions of the Act were “oppressive, unworkable, onerous and discriminatory” as it singled out the newspaper industry for its application.

The petitioners stated that classification of other employees of newspaper establishments with the working journalists was patently discriminatory and unreasonable.

The petitioners stated that even if it was accepted that the legislature was competent to enact the Act, there was no justification for extending its application to non-working journalists.

It stated further that the Act conferred excessive powers upon the chairman of the wage board. By investing a single individual with the power to determine the condition of service of newspaper employees, the Act has destroyed the freedom of the press as guaranteed under Article 19 of the Constitution, the petitioners stated.

The Act, the petitioners stated, had failed to provide even a single right of appeal against the decision of the chairman. The wage board awards, the petitioners stated, had imposed “unbearable financial burden” on the newspaper industry, resulting in the closure of many newspapers in last three decades.

They prayed the apex court to declare the Newspaper Employees (Conditions of Service) Act, 1973, violative of the fundamental rights. It prayed further that the Seventh Wage Board be declared as of no legal effect, and further issue permanent injunction, prohibiting the enforcement of Seventh Wage Board award.