ISLAMABAD: The Supreme Court bench hearing the APNS petition challenging the vires of the law under which the Wage Board is constituted to determine the salaries of newspaper workers , on Wednesday, asked the lawyers to complete their arguments by April 8.

The bench which has been hearing the case on a daily basis since Monday, said it would conclude the hearing on Thursday and the lawyers representing their clients must keep that it mind.

The apex court bench has confined itself to the question of jurisdiction and asked the lawyers to address on the issue whether the petition could be filed in the Supreme Court.

The court turned down a request of the APNS lawyer that the issue of maintainability and merits of the case should be decided jointly after full hearing. The bench comprises Justice Iftikhar Muhammad Chaudhry, Justice Muhammad Raza Khan and Justice Falak Sher.

The APNS has challenged The Newspaper Employees (Conditions of Service) Act 1973 in its entirety but it has also kept another window open, asking the apex court to limit its applicability only to working journalists.

Senior Advocate Sheikh Muhammad Akram, representing newspaper employees, on April 7, argued that it was not a case of public importance and was an internal dispute between employers and employees.

He said the Supreme Court decision on an identical petition of the APNS in 1993 was binding on the present three-member bench as the earlier decision had been given by a full bench consisting of five judges.

He said the newspaper industry had flourished over the last couple of years and implementation of the award would not place any unbearable financial burden, as was claimed by the petitioner.

He said the law promulgated 30 years ago could not be challenged now as it was a settled issue. He said the petitioner did not explain the reason for challenging the law so late.

The counsel said the implementation of 7th wage board award was not a violation of fundamental rights as it would not curtail press freedom in anyway. Abid Hassan Minto, the counsel for Pakistan Federal Union of Journalists, said the issue was related to just fixation of wages of employees and, therefore, it could not be challenged under Article 184(3) of the Constitution. The counsel was still on his feet when the court rose to meet again on April 8.
Source: Dawn
Date:4/8/2004