HISTORIC DECISION

Rushna and Suleman Gilbert
3 min readFeb 13, 2021

Islamabad High Court Chief Justice Athar Minallah in a verdict said that the kiln workers do not need to return the advance money to the kiln owners. He took this decision in light of the recommendations of the committee. In 2016, an ordinance was issued which re-enacted the precedent in the spirit of section four. Because the kiln workers belonged to the most oppressed class of the society, no voice could be raised against the legislation made by the elite class. There are 105 industries in Pakistan, including kilns. If the capitalists are not ready to give an advance of one rupee to the organized workers working in the industry, then why they insist on giving advance to the kiln workers and their employers, most of whom belong to political parties. The main reason for this is that the advance money is in fact a method of exploitation, first half wages are paid by signing a legal document and then their daily wages are made conditional on the advance. The report of which recommends termination of the post of Jumadar. Since the kiln workers are not educated, they are given the medicine of Rs. 50 to Rs. 500. It is paid in rupees and surprisingly, when the child of a laborer is born, the owner of the kiln or his collector himself arranges the maternity of his wife and writes down the expenses thousands of times. As a result of which they do not get the birth certificate, most of the children of the kiln workers are deprived of getting an identity card. He sells it at the next kiln and if the owner of the kiln gets angry with the workers, he threatens to sell them at another kiln in another province or region. Ensure workers’ ID cards through mobile teams. The report asks the Ministry of Information and Technology to create a simple mobile application for these workers through which they can connect with the workers, the Labor Department, the administration of Islamabad and report the atrocities to them in a timely manner. This is an encouraging step that should be implemented by the labor unions of Pakistan in their respective areas. The Labor Department and the administration of Islamabad have been asked to give these workers full freedom to form labor unions and choose collective bargaining agents. At the same time, the State Bank of Pakistan was asked to provide microfinance facilities to these workers. The report of the commission said that the registration of all workers working within the limits of Islamabad should be completed within three months under the Factory Act 1934, although according to the Factory Act, a social security card must be issued to every worker. However, social security personnel and kiln owners work together to delay the creation of workers’ social security cards.

The lives of these kiln workers in Pakistan are full of sad stories. They are forced to live in the same kiln where their women have become the image of helplessness and endure oppression. Political parties have also sometimes targeted the workers and especially the kiln workers. Did not try to address the atrocities seriously because a large number of kiln owners, thanks to their wealth and the votes of these workers, either become members of parliament themselves or these owners, due to their influence, lead the local political leadership. And become a compulsion of the administration due to which they are forced to protect them. This decision of Chief Justice Athar Minallah will be written in golden letters in history. It is now incumbent upon the kiln workers’ organizations across Pakistan to compel the courts in their respective areas to make such decisions in the light of this decision so that the kiln workers can get rid of the curse of this advance forever. Efforts should also be made to set up a separate ombudsman in their bank accounts.

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Rushna and Suleman Gilbert
Rushna and Suleman Gilbert

Written by Rushna and Suleman Gilbert

We are freelance writers and enthusiasts.

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