THE WEST PAKISTAN MINIMUM WAGES FOR UNSKILLED WORKERS ORDINANCE, 1969.. (W. P. Ord. XX of 1969) CONTENTS
THE WEST PAKISTAN MINIMUM WAGES FOR UNSKILLED WORKERS ORDINANCE, 1969. WEST PAKISTAN ORDINANCE No. XX OF 1969. [1st July, 1969] AN ORDINANCE to fix the minimum rates of wages for unskilled workers employed in certain commercial and industrial establishments in West Pakistan.
NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the provisional Constitution Order, the Administrator of Martial Law, Zone 'A', in exercise of the powers of the Governor of the West Pakistan conferred on him by the president and Chief Martial Law Administrator, is pleased to make and promulgate the following ordinance. :-
Short title, extent and commencement application
(a) persons in the service of Pakistan as defined in 2[Article 260 of the Constitution].
1. In sub-section (2) of section 1, the words "Province of West Pakistan; except the Tribal Areas" the word "Pakistan", subs, by P, O, 4 of 1975, 2. In sub-section (4) of section 1. in clause (41, the words and figure", Article 242 of the Constitution of 1962", the words and figures "Article 260 of the Constitution subs, by ibid.
(b) any establishment, undertaking or installation relating to the Defence Service, civil armed forces, postal, telegraph and telephone services, ports, railways, fire-fighting services, electricity, gas, water-supply, public conservancy and hospitals; and (c) any establishment or undertaking, which Government by notification in the official Gazette declares to be engaged in a public utility service for the purposes of this Ordinance.
2. In this Ordinance, unless the context other wise requires
(a) "apprentice means a learner who is paid an allowance during the period of training; (b) "commercial establishment" means an establishment in which the business of advertising, commission or forwarding is conducted, or which is a commercial agency and include a clerical department of a factory or of any industrial or commercial undertaking, the office establishment of a person who for the purpose of fulfilling a contract with the owner of any commercial establishment or industrial establishment, employees workmen, a unit of a joint stock company or an insurance company, a banking company or a bank, a broker's office or stock- exchange, a club, a hotel, a restaurant or eating house, a cinema or theatre and such other establishment or class thereof as Government may, by notification in the official Gazette, declare to be commercial establishment for the purposes of this Ordinance; (c) "employer" means a person owning or having charge of the business of a commercial or Industrial establishment and includes an agent or manager or any other person acting on behalf of such person in the general management or control of such establishment;
1. clause (d) the words "Government of West Pakistan the words "Provincial Government", subs, by P. O. 4 of 1975,
(f) Industrial establishment' means— (i) a mine or quarry. (ii) a workshop or other establishment in which the work of making, altering, repairing, ornamenting, finishing or packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal is carried on, or where any such service is rendered to a customer; and (iii) any other establishment which Government may by notification in the official Gazette declare to be an industrial establishment; (g) "wage " means all cash remuneration payable to a workman and includes dearness allowance , house-rent, conveyance allowance and any other fixed allowance, but does not include traveling allowance gratuity or bonus; (h) "unskilled workers" means a workers employed to do unskilled labour; and (i) "worker" means any person employed in a commercial or industrial establishment.
Minimum wages in commercial and industrial establishment
Provided that where an employer provides housing accommodation to a worker, he may deduct form the wage of such a worker an amount to exceeding that specified in column 3 of the Schedule and where the employer provide a worker with transport to and from the place of work, he may deduct from the wages of such a worker an amount not exceeding that specified in column 4 of the schedule.Explanation—In this section, month means a normal working period of twenty-six day's calculated at the rate of forty-eight hours of work per week.
Responsibility for payment of minimum wages.
4. (1) Every employer shall be responsible for the payment of minimum wages required to be paid under this Ordinance to all unskilled workers employed, either directly or through a contractor in his commercial or industrial establishment.
(2) Where an unskilled worker employed in a commercial or industrial establishment to which this Ordinance applies has been paid wages for the month of July, 1969. at a rate less than the minimum rate of wages to which he in entitled under this Ordinance the employer shall, with in thirty days of the promulgation of this Ordinance, pay such worker the difference between the amount actually paid to him and the amount to which he is entitled under this Ordinance .
5. All agreements arrived at between the employers and the workers under duress at any time during the period from the 1st day of March, 1969 to the 25th day of March, 1969, shall, with effect from the date of coming into force of this Ordinance be void.
Explanation,—In this section the words "under duress" include circumstances in which due to fear either party is in a state of mental incompetence to resist pressure improperly brought to bear due' to violence or threat of Violence.
6. The provisions of this Ordinance shall have effect, notwithstanding anything inconsistent therewith contained in any other law or in any order' or notification made or issued under any such law or in any award, agreement or contract of service:
Provided that where under any such law, order, notification, award, agreement or contract of service other than an agreement declared to be void under section 5, an unskilled worker is entitled to wages which are higher than the minimum wages required to be paid under this Ordinance, he shall continue to be paid such higher wages.
7. Any employer who contravenes any provisions of this Ordinance shall be punishable with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
Cogalzance of offences.
8. No. Court shall take cognizance of any offence under this Ordinance save on a complaint made by an aggrieved worker or by an officer of registered trade union of which such worker is a member, or any person authorised in this behalf by Government.
SCHEDULE [See SECTION 3)
Rate of minimum wages per month
Deduction for Providing housing accommodation
Deduction for providing transport