PESHAWAR: The Peshawar High Court (PHC) on Saturday ordered the formation of a high-level committee under the supervision of the Secretary Mines and Minerals Department to review the welfare, registration, and related issues of workers employed in the mining sector across Khyber Pakhtunkhwa.
The court also directed the chief secretary to issue a formal notification for the committee within seven days and sought a detailed report from relevant stakeholders at the next hearing.
A two-member bench comprising Chief Justice SM Attique Shah and Justice Muhammad Ijaz Khan issued the written order.
Advocate Ishaq Ali Qazi represented the petitioner while Additional Advocate General Naumanul Haq Kakakhel, counsel for the Employees’ Old-Age Benefits Institution (EOBI) Mukhtar Ahmad Maneri, assistant commissioner Peshawar and other officials appeared before the court.
The counsel said that the petitioner, Umar Zeb Mashwani, president of the All KP Labour Association, Peshawar, worked as a laborer in a mining company. It argued that workers in the mines and minerals sector faced many hardships and were being deprived of basic rights.
After hearing the case, the court summoned the Secretary Law, Director General (DG) Mines and Minerals, commissioner Mines and other officials.
The Mines Commissioner presented a copy of the KP Excise Duty on Minerals (Labour Welfare) Act 2021 and briefed the court on measures taken for the welfare of 28,000 mine workers. He said workers were paid Rs600,000 in case of disability and Rs1.2 million to heirs in case of death, but under the existing legal framework they were not entitled to insurance or pension benefits.
The court observed that the existing benefits were insufficient and did not meet workers’ needs. It stressed the need for an effective mechanism, including formal insurance coverage, pensions, healthcare facilities, marriage grants for children, and educational scholarships, noting that mine workers faced serious occupational risks and deserved better protections. The court had earlier directed all stakeholders to devise a strategy and submit a detailed report within 60 days.
According to the Secretary Law’s report, workers were provided health facilities, scholarships, and marriage grants, but EOBI should register these workers to provide monthly pensions. The EOBI, however, cited a lack of resources to collect data on all workers. Currently, the counsel said, only 300 workers were registered with EOBI, while the labour association claimed around 150,000 people were linked to the sector.
The court noted that the Mines and Minerals Department should conduct field visits and issue notices to mine owners to obtain workers data for registration. It endorsed the proposal to form a commission with representation from EOBI and other departments.
The bench further observed that compensation of Rs800,000 for injury and Rs1.5 million for death was too low given the current inflation. It also highlighted the lack of safety measures in many facilities, warning of chemical and biochemical hazards, and stressed that mines’ owners must adopt protective measures.
The court emphasised the need for national-level legislation, a proper legal framework, and effective monitoring and reporting systems. It ordered the formation of a committee headed by the Secretary Mines and Minerals, with members, including the advocate general KP, Secretary Labour, DG Minerals, chief commissioner Mines, Director Labour, Regional Head EOBI, representatives of mine associations, leaseholders, and a deputy director of the Environmental Protection Agency.
The chief secretary must issue the notification within seven days, and the committee chair was to convene an initial meeting. The committee would determine the number of registered workers across the province and link mine labourers with EOBI. AAG Naumanul Haq was appointed focal person to ensure timely submission of the committee’s report.
The court also ruled that mining leases should only be granted to companies duly registered with EOBI, and directed the Labour Department to ensure all leaseholders are registered. The hearing was adjourned until March 5 with instructions to submit a comprehensive report.
