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Published 18 May, 2008 12:00am

Cases piling up with labour court: Judge’s post lying vacant

RAWALPINDI, May 17: Labour cases in the Rawalpindi division are piling up with Punjab Labour Court-XI, as the seat of the presiding officer concerned remains vacant for the last over one month after transfer of the judge.

Presiding Officer Malik Falak Sher Farooq was transferred after his promotion as district and sessions judge on April 12 and since then no replacement has been made to accommodate the litigants who mostly seek justice against exploitation at the hands of their employers.

Over 300 cases are pending with the labour court that caters to the need of such kinds of litigation in the districts of Rawalpindi, Attock, Chakwal and Jhelum. There are some cases that are pending with the court for the last over three years and need immediate dispensation, a court official said.

If any worker, whether a contractual employee or a daily wage earner, has grievances regarding wages, working hours, promotions and seniority against his employer, he can move the labour court which has to decide the case without any delay, said Mohammad Kashtunas Khan, a labour court lawyer.

He said if a person works in any private or public organisation that has ten or more workers, he can approach the court against maltreatment meted out to him by his employer. In case an organisation has less than 10 workers, its workers can complain to the district labour officer against any injustice.

He said the labour laws demanded quick disposal of grievances of the complainants. As there is no presiding officer in Rawalpindi, the petitioners are bound to suffer and become victim of exploitation. He urged the government to assign additional charge of the labour court to any judge until the regular appointment was made.

According to Industrial Relations Ordinance (IRO) 1969, the court has to decide a case within seven days but this condition had been deleted in the amended IRO 2002, he added. This change has been causing delay and things will deteriorate in the absence of a presiding officer.

However, he added, the new ordinance has brought positive changes to the law. The appeals against the decisions of the labour court could now be filed with the high court whereas under IRO 1969 there was an appellate tribunal in Lahore to hear appeals against the decisions of the presiding officer.

Khan said the new IRO has increased the period for Collective Bargaining Agent (CBA) from two to three years. Now the workers can elect their representatives for three years who can fight for their rights, he said.

He attributed the rise in cases regarding labour laws to greater awareness among the working class about the relevant laws and their rights.

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