The Pakistan Railways employees working on railway lines and stations and in factories of Khyber Pakhtunkhwa will now fall under the legal jurisdiction of the provincial labour department.
The Khyber Pakhtunkhwa Assembly had repealed on Tuesday the Payment of Wages Act, 1936, a federal law, and enacted the Khyber Pakhtunkhwa Payment of Wages Act, 2012, bringing the Khyber Pakhtunkhwa-based railway workers under the provincial labour department’s domain.
The new Act will cover ‘the payment of wages to persons employed (otherwise than in a factory) by the railway administration,’ and ‘persons employed in the factories, industrial establishments or commercial establishments under the control of the Federal government or the Provincial government, as the case may be, situated in the territorial jurisdiction of the province.’The provincial assembly repealed the old federal act (to the extent of Khyber Pakhtunkhwa) by using the powers vested in it under the 18th Amendment to the Constitution. It was a legal obligation, which the provincial government has fulfilled, according to legal circles.
The new law enacted on Tuesday last was provided passage after the provincial assembly’s Standing Committee No 2 on Law Reforms and Control on Subordinate Legislation tabled its findings in the House and informed it that the provincial legislature
was competent to repeal the federal law in accordance with the 18th Constitutional Amendment.
Israrullah Khan Gandapur, member of the provincial assembly, who is also a member of the committee, told Dawn on Wednesday that the new law would help remove parallel legislations in the province as according to the 18th Amendment, the law relating to the payment of wages had been devolved to the provinces.
The staff of Pakistan Railways, according to the standing committee’s report, falls under two categories.
Those working in the administration or offices their wages will continue to be covered under the Civil Servants Act, 1973, while the ones working on ‘the lines’ and in factories previously covered under the Payment of Wages Act, 1936, will be covered under the newly enacted provincial law.

