“Judges decide cases based on records, yet delays in labour courts continue to deny timely justice to workers.
” — Justice Jamal Khan Mandokhel
JUSTICE Jamal Khan Mandokhel, a Judge of the Supreme Court of Pakistan, while addressing a seminar jointly organized by the National Industrial Relations Commission of Pakistan and the International Labour Organization on the eve of International Labour Day in Islamabad, rightly stated that dispensing justice is the work of Almighty Allah, whereas judges merely dispose of cases based on the documents placed before them.
He emphasized that with the establishment of NIRC and Labour Courts, workers have had their rights protected.
While I agree with his view that judges do not dispense justice but only decide cases on the basis of available record, it is unfortunate that many of them are unable to dispose of cases even after going through the documents before them—for reasons that are often obvious.
It is important to highlight here that the NIRC and Labour Courts, which have been established under special laws, are legally bound to decide workers’ grievance applications within three months.
However, in reality, many such cases remain pending for years, causing great hardship to the workers who seek timely redress.
Unnecessary delays, frequent adjournments without sufficient cause and the practice of lingering cases without any plausible justification pose a serious threat to the integrity of the justice system.
These issues must be urgently addressed in order to overcome difficulties and strengthen what has become a fragile and largely redundant mechanism.
In order to make the justice system more transparent, efficient and responsive, the higher authorities must take immediate measures to appoint qualified, experienced and competent presiding officers in the NIRC and Labour Courts.
These appointments must be made strictly on merit, based on an objective assessment of candidates’ suitability and credibility, so the backlog of cases can be cleared with care and efficiency.
All vacancies in the NIRC benches and Labour Courts must be filled without delay and judicial officers should be held responsible for ensuring that workers’ applications are decided within the three-month timeframe prescribed by law.
Separate benches for labour matters should be established in all High Courts.
Cases of workers may also be adjudicated via video link where possible.
Furthermore, the NIRC should establish an effective communication system to notify workers and their advocates of the dates of hearings and any changes therein via email or WhatsApp messages, thereby easing their burden and uncertainty.
The continued engagement of workers on daily wages or contract appointments against sanctioned and permanent posts for indefinite periods, meagre salaries in violation of minimum wage laws, inadequate pensions, insecure and unsafe work environments and the failure of employers to fulfill their legal obligations concerning health, safety and the environment, are all blatant examples of exploitation.
These must be seriously and effectively addressed by both the superior judiciary and the government to ensure proper implementation of labour laws.
—The writer, a practising lawyer, is based in Hyderabad, Sindh. (tariqmajeeddg@gmail.com)
