Room # 3, Falaknuma Bldg.
39 Abdullah Haroon Rd.
Circular Number: C-141-A
Illegal amendments made in the Labour Laws by the Federal Govt.
Further to our Circular No. C-140 Dated 29-6-2013 Labour Laws have been illegally amended again by the Federal Govt. through the Finance Act, 2013.
The minister or political persons may not be aware of the legal position of amendments in the labour laws through the Finance Bill but the bureaucratic officials of the Federal Govt. are fully aware of the fact about illegally amending the Labour Laws through the Finance Acts as held by the High Court and the Supreme Court in the case of Air League of PIAC Employees Union V/s Federation Of Pakistan reported at 2011 SCMR1254 holding that according to the 18th amendment of the Constitutions the subject Labour being no longer within the jurisdiction of the Federal Govt. amending the Labour Laws by the Federal Govt. through the Finance Act, being illegal and also creating mischief and confusions as the subject Labour is no longer within the Jurisdiction the Federal Govt. and only the Provincial Govts. have Jurisdiction to legislate on the Labour matters.
In view of the above decision of the Supreme Court amendments made in the Labour laws through the Finance Act, 2013 are illegal, void and the employers would be within their legal right to ignore the amendments made in the Labour Laws made by the Federal Govt. through the Finance Act, 2013 as illegal and void, and repeating the same mistake once again disciplinary action against them.
For M/s S. M. Yaqoob