In a significant ruling for employee welfare, the Peshawar High Court has directed private schools across Khyber Pakhtunkhwa to provide social security benefits to their staff, including teaching personnel, under the Khyber Pakhtunkhwa Employees Social Security Act, 2021.
A two-member bench comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal dismissed a petition filed by the Private Education Network, which had challenged a government notification issued on January 6, 2025. The notification brought private schools under the scope of the provincial social security law.
The petitioners argued that private schools are already governed by the Khyber Pakhtunkhwa Private Schools Regulatory Authority Act, 2017, and therefore should be exempt from additional obligations under the social security framework. However, the court rejected this claim, stating that both laws serve different purposes and do not conflict with each other.
The bench observed that the regulatory authority law deals with matters such as school registration, fee structures, and academic standards, while the social security legislation is a welfare law focused solely on protecting employees.
The court also dismissed concerns raised by school owners regarding administrative difficulties and financial strain, noting that employee welfare cannot be compromised on such grounds.
In its ruling, the bench clarified that charitable status or registration under another statute does not provide immunity from obligations under social security laws.
With the dismissal of the petition, the court also vacated an earlier stay order. As a result, private schools throughout the province are now legally required to register with the social security department and ensure coverage for their employees. The decision is expected to impact thousands of teachers and non-teaching staff working in the private education sector in Khyber Pakhtunkhwa.