Labour Laws

Labour Laws

Q.1 Define workman and explain its different kinds under the standing order 1968?

3.introduction

Workman Include persons, not falling within the definition of employer, who is employed in an establishment or industry for remuneration or reward either directly or through a contractor and includes a person who has been dismissed, discharge, retrenched, laid off or otherwise removed from employment in connection with industrial dispute but does not include a person who is employed mainly in a managerial or administrative capacity. Standing order classified workmen into different catagories.

3. Definition of Workman

“Workman means any person employed in any industrial or commercial establishment to do any skilled or unskilled, manual or clerical work for hire or reward.

Relevent provision section 1 and 2 of standing order 1968

Section 1 of standing relation order classify different kinds of workmen

1.   Classification of workmen.– 

(a) Workmen shall be classified as–

           (1)   permanent,

           (2)   probationers,

           (3)   badlis,

           (4)   temporary,

           (5)   apprentices.

       [(6)   contract worker]

      (1)  A “permanent workman” is a workman who has been engaged on work of permanent nature likely to last more than nine months and has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial or commercial establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal lock-out or strike) or involuntary closure of the establishment [and includes a badli who has been employed for a continuous period of three months or for one hundred and eighty-three days during any period of twelve consecutive months.]

      (2)  A “probationer” is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months service therein. If a permanent employee is employed as a probationer in a higher post he may, at any time during the probationary period of three months, be reverted to his old permanent post.

      (3)  A “badli” is a workman who is appointed in the post of a permanent workman or probationer, who is temporarily absent.

      (4)  A “temporary workman” is a workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a period not exceeding nine months.

     [(5) An “apprentice” is a person who is an apprentice within the meaning of the Apprenticeship Ordinance, 1962 (LVI of 1962)].

      (6)    ‘’A contract worker’’ means a workman who works on contract basis for a specific period of remuneration to be calculated on piece rate basis.]

2.   Tickets.– (1) Every workman employed in an industrial establishment shall be given a permanent ticket unless he is a probationer, a badli, a temporary workman or an apprentice.

      (2)  Every permanent workman shall be provided with a departmental ticket, showing his number, and shall on being required to do so, show it to any person authorised by the employer to inspect it.

      (3)  Every badli shall be provided with a badli card, on which shall be entered the days on which he has worked in the establishment, and which shall be surrendered if he obtains permanent employment.

      (4)  Every temporary workman shall be provided with a temporary ticket which he shall surrender on his discharge.

      (5)  Every apprentice shall be provided with an apprentice card, which shall be surrendered if he obtains permanent employment.

 [2-A.  Terms and conditions of service to be given in writing.– Every workman at the time of his appointment, transfer or promotion shall be provided with an order in writing, showing the terms and conditions of his service.]

short notes on shift working and return The remaining short notes can be detected for 10 question

6.   Shift working.– More than one shift may be worked in a department or any section of a department of the industrial or commercial establishment at the discretion of the employer.

   EXPLANTION;’ If more than one shift is worked, the workmen shall be liable to be transferred from one shift to another. No shift working shall be discontinued without one month’s notice being given prior to such discontinuance, provided that no such notice shall be necessary, if, as a result of the discontinuance of the shift, no permanent employee will be discharged. If as a result of discontinuance of shift working, any permanent workmen are to be discharged they shall be discharged having regard to the length of their service in the establishment, those with the shortest term of service being discharged first. If shift working is restarted, a week’s notice thereof shall be given by posting notice at the main entrance of the establishment and the time-keeper’s office, if any, and the workmen, discharged as a result of the discontinuance of the shift, shall, if they present themselves at the time of the restarting of the shift, have preference in being re-employed.

 Returns.-(1) There shall be sent annually to the Registrar, a general statement audited in the prescribed manner of all receipts and expenditure of every registered trade union, federation or confederation of trade unions during the year ending on the 31st day of December next preceding such prescribed date, and of the assets and liabilities of the trade union, federation or confederation existing on such 31st day of December, as may be prescribed:

Provided that the accounts maintained by the collective bargaining agent having membership of five thousand or more shall be subject to external audit by a firm of chartered accountants appointed by the Registrar:

Provided further that in case of the collective bargaining agent having membership of less than five thousand, the accounts shall be subject to audit in the manner as may be prescribed

Q.2 What acts and omission amount to misconduct under the provision of west Pakistan standing order. 1968 or explain termination of service  charge sheet  its framing  and procedure?

1. Introduction

Standing order , 1968 provides punishment for certain acts and omissions which have been declared to be actionable and termed as misconduct. Four kinds  of punishments have been prescribed according to the degree or severity of the act or omission and made it obligatory on the employer to frame a Charge-sheet before dismissing the workmen.

2. Relevant Provisions

Following are the relevant provisions of industrial and commercial employment (Standing orders) ordinance, 1968 regarding the concerned topic.

Standing order 15(2)(3)(4)

4. Acts or Omissions amounts to misconduct

The following acts or omissions shall be treated is misconduct.

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i. Willful Disobedience

Willful disobedience or insubordination to an lawful and reasonable order a superior would amount to misconduct word willful means deliberate and intentional act determinable on the facts and circumstances of each case.

ii. Theft, Fraud or Dishonesty

Theft, fraud or dishonesty in connection with the employer’s business or property.

iii. Willful Damage or loss

Intentionally and deliberate damage to or loss of employer’s goods or property.

iv. Immoral Activities

Taking or giving bribes or any illegal gratification.

v. Habitual Absence

Habitual absence without leave or absence without leave for more than 10 days.

Habitual implies a tendency or capacity resulting from the repetition of the same act.

vi. Habitual late Attendance

Habitual late attendance and it is to be proved by aggregate of facts.

vii. Habitual breach of law

Habitual breach of any law applicable to the establishment.

viii. Act subversive of Discipline

Disorderly behavior during the working hours at the establishment or any subversive act of discipline amounts to misconduct. Threat given to superior by worker outside factory premises would be as an act subversive of discipline.

ix. Habitual Negligence

Negligence is the state of mind of undue indifference towards one’s conduct and its consequences. It is the breach of duty to take care. Habitual negligence or neglect of work will amount to misconduct.

x. Striking

Strike means cessation of work or refusal to continue to work. Striking work or inciting others to strike in contravention of the provisions of any law or rule having the force of law.

xi. Go-Slow

Go-slow means an organized deliberate and purposeful slowing down of normal output of work by a body of workers in a concerted manner.

5. Punishments for Misconduct

A workman found guilty of misconduct shall be liable to any of the following punishments.

i. Fine

He may be liable to fine in the manner prescribed under the payment of wages Act. 1936 up to three paisa in the rupee of the wages payable to him in a month.

ii. Withholding of increment etc

He may be punished by withholding of increment or promotion for a specified period not exceeding one year.

iii. Reduction

He may also be punished by a reduction to a lower post.

iv. Dismissal

A workman may also be punished by way of dismissal from service without payment of any compensation in lieu of notice.

6. Essential requirements for the punishment of dismissal

a. Charge Sheet

Charge sheet is the first step of the procedure laid by clause (4) of standing order 15.

i. Purpose of Charge sheet

The purpose of charge-sheet is to communicate to the workman concerned the specific charge or charges together with the allegation on which such charge or charges are based and to call for his explanation in respect of the same.

ii. Form of Charge Sheet

The charge sheet must be in written form.

iii. Language of Charge Sheet

The charge sheet must be in language which can be understood by the workman.

iv. Particulars of Charge Sheet

a. the charge sheet must contain full particulars of the alleged misconduct.

b. the manner in which it is alleged to have been committed, and

c. any other matter or circumstances that is proposed be taken into consideration when passing final order on the case.

b. Opportunity of being heard

Workman shall be given opportunity to explain the circumstances of the alleged misconduct against him

c. Holding of inquiry

When explanation of the workman in reply to the charge-sheet is not found satisfactory and the employer intends to proceed further against him, it will be mandatory on the employer to institute an independent inquiry into the matter before dealing with the charges against workman.

i. Assistance of any other workman

The workman against whom inquiry is being proceeded may nominate any workman employed in that establishment for his assistance and employer shall allow such workman to be present in the inquiry to assist the workman proceeded against and shall not deduct his wages if the inquiry is held during his duty hours.

d. Suspension of workman by employer

An employer may suspend the workman concerned for the purpose of conducting an inquiry, for a period not exceeding four days at a time so. However the total period of such suspension shall not exceed four weeks.

i. Form of suspension

The order of suspension shall be in writing and take effect immediately on delivery to the workman.

ii. Payment of allowance to the workman

During the period of suspension, the employer shall pay subsistence allowance of not less that 50 per centum of the wages, to the workman concerned.

iii. Where workman found not Guilty

If the workman is found not guilty he shall deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been suspended.

f. Approval of employer

It is only the employer who can dismiss the workman and not any officer subordinate to him. The approval of the employer shall be obtained before dismissing the workman for service.

7. Failure of comply with provision of order

The failure to observe the procedure prescribed in standing order 15(4) will render the order of dismissal a nullity in the eye of law.

8. Conclusion

To conclude, I can say that, the fair progress of industry demands that the workmen should work property and in disciplined manner standing order 15 prescribes punishments for the misconduct on the part of the workman and also safeguards the interests of workman against arbitrary dismissal from the service. 

Q.3 Brief the compulsury group insurance and payment of Bonus?

1. Introduction

The provisions of Industrial and commercial employment (Standing orders) ordinance, 1968 makes it compulsory for the employers that they shall have the group insurance of all the permanent workmen working under their administration against the natural death and disability and death and injury arising out of contingencies.

2. Relevant provisions

Following are the relevant provisions of industrial and commercial employment (Standing orders) ordinance, 1968 regarding the concerned topic

Standing order 10-B 10-C

3. Object of Order 10-B

The object of order 10-B is to provide financial assistance to the workmen or to his legal heirs and secure the life of workmen.

4. Compulsory Group Insurance

Under Order 10-B the employers are required to have all their permanent workmen insured against natural death and disability and death and injury arising out of contingencies not covered by the workmen’s compensation Act 1923 or provincial employees social security ordinance, 1965.

i. Essential to claim group Insurance

Claim of group insurance is enforceable only where relationship of employer and employee subsists and not terminated.

ii. Workman entitled to Insure

Only permanent workmen are entitled to insure.

a. Meaning of Permanent Workman

A permanent workman is a workman who has been engaged on work of permanent nature likely to last more than nine months and has satisfactorily completed 3 months probationary period in the same or another occupation in the Industrial or commercial establishment and includes a badly who has been employed for continuous period of 3 months or for 183 days during any period of twelve consecutive months.

b. Insurance of Risks

The employer shall insure the workmen against the following risks.

i. Natural Death

The purpose is to provide financial assistance to the legal heirs of the deceased workman. Where the death of worker was not natural but due to over intoxication, legal heir is not entitled to insurance.

ii. Disability

Word disability means incapacity to act or move. Falling health could not constitute disability.

iii. Death or injury arising out of contingencies

Workmen shall be insured against any death or injury arising out of contingencies not covered by the workmen’s compensation act, 1923 or the social security ordinance 1965.

5. Responsibility of employer

i. Payment of Premium

The employer is responsible for the payment premium in group insurance of workmen.

ii. Administrative Arrangement

The employer is responsible for all administrative arrangements of group insurance whether carried out by himself or through an insurance company.

6. Amount of Insurance

The amount for which each workmen shall be insured shall not be less than the amount of compensation specified in schedule IV to the workmen’s compensation Act, 1923.

7. Liability of employer when workmen not insured

If the employer fails to insure all workman as prescribed, the employer shall pay in the case of death ot the heirs or in the case of injury ot the workman, such sum of maoney as would have been payable by the insurance company, had such worker been insured.

8. Manner of Recovery

All claims of a workman or his heirs or recovery of money from the employer u/sec 4 shall be settled in the same manner provided under workmen’s compensation Act 1923.

9. Jurisdiction Entertaining Claims of compulsory Group insurance

The commissioner for workmen’s compensation has jurisdiction to entertain and adjudicate claim under standing order 10-B.

10. Order of commissioner is not Appealable

The order of commissioner regarding group insurance amount is not appealable.

11. Remedy against order of commissioner

Remedy could be availed of in constitutional jurisdiction of High Court.

12.Applicablity of order 10-B

The provisions of standing order 10-B shall not apply the first instance, to any industrial establishment not more than forty nine persons were employed on any day during the preceding 12 months but Govt. may by notification in the official Gazette extend it ot any such industrial establishment or class of such establishments.

10-C.   Payment of bonus.– (1) Every employer making profit in any year shall pay [for that year within three months of the closing of] that year to the workmen who have been in his employment in that year for a continuous period of not less than ninety days a bonus in addition to the wages payable to such workman.

      (2)  The amount of the bonus payable shall–

            (a)  if the amount of the profit is not less than the aggregate of one month’s wages of the workmen employed, be not less than the amount of such aggregate, subject to the maximum of thirty percent of such profit;

                        ^[47][Illustration 1– If the profit is Rs. 1,20,000.00 and the aggregate of one month’s wages of the workmen is Rs.30,000.00, the amount of bonus, payable shall be not less than the aggregate of one month’s wages, that is to say, Rs.30,000.00.

                        Illustration 2– If the profit is Rs.30,000.00 and the aggregate of one month’s wages of the workmen is also Rs.30,000.00, the amount of bonus payable shall be not less than thirty percent of the profit, that is to say, Rs.9,000.00.]

13. Conclusion

To conclude, I can say, that the insurance policy is obtained to ensure payment in respect of risk covered thereby. By virtue of standing order 10-B, duty is imposed on employer to insure all his permanent workmen against all four risks set out is S.O. 10-B, and the object is to provide financial assistance to the workmen or his heirs.

Q.4 Define and illustrate the followings under the relevant law.

i) unfair labour practice by  employers

ii) unfair labour practice by workmen

1. Introduction

The main object of PIRA, 2010 is to regulate the relation of employer and workman and it provides a complete code of conduct for both of employer and employee and certain acts of both these parties has been termed as unfair labour practices and made punishable as such. Unfair labour Practice
 may be committed by both the parties employer and employees. The act also prescribes penalties on the party which commits the unfair practice

2. Relevant Provisions

Section 31, 32, 33, Industrial relation Act 2010

Section 17, 18, 64, Punjab Industrial Act 2010

4. Unfair Labour practices on the part of workman

Following acts, of workman, trade union of workman or any of its members or office bearers or any other person, are declared as unfair and termed as unfair labour practices on the part of workmen.

a. Persuasion

By virtue of PIRA, every workmen can join any trade union of their choice within the establishment or industry they are employed. No workman shall be persuaded to join a trade union or refrain from joining a trade union during working hours. If so, then the person who persuade shall be guilty of an unfair labour practice. This is due to the fact that the work of an industry should not be affected by unnecessary canvassing during working hours.

b. Intimidation

Intimidation includes the elements of force or violence. No workman etc can intimidate any person to

i. become a member or office bearer of trade union or

ii. refrain from becoming a member or officer bearer of trade union, or

iii. continue to be a member or office bearer of trade union, if he is already a member or

iv. cease to b ea member or office bearer of trade union, if he is already a member or office bearer

c. Inducement

Inducement means offering benefits to someone which are illegal. Coming of this act of inducement into the category of unfair labour practice, it is necessary that.

i. a person should be induced to refrain from becoming or cease to be a member or officer-bearer of trade union.

ii. Such inducement should be by intimidating or conferring or offering to confer any advantage for such person or any other person

d. Compel or Attempt to compel employer

Essential ingredients of an offence under this clause are

i. That an employer should be compelled or an attempt should be made to compel him to accept any demand

ii. Such compulsion or attempt should be done by using intimidation, coercion, pressure, threat confinement or ouster from a place, dispossession, assault or other methods etc.

e. Compel or Attempt to compel person other than employer

Where there is compulsion or attempt to compel any member of a body bipartite or tripartite, or of any composition relating to the functioning of the industry or if he is in place for the benefit of workers, to accept any demand by using intimidation, coercion, pressure, threat, confinement or ouster form a place dispossession, assault, physical injury or by such other methods.

f. Illegal Strike or Go-slow

The commencing, continuing, instigation or inciting others to take part in or expend or supply money or otherwise act in furtherance or support of an illegal strike or adoption of go-slow measures.

(i) Meaning of Go-slow

The expression go slow means an organized, deliberate and purposeful down of normal output or the deterioration of the normal quality of work by a body of workmen acted in a concerted manner.

g. Carry arms or weapons

Carrying of arms or weapons within the premises of an employer without any legal authority.

h. Interference in secret ballot

Where there are more than one trade unions in an establishment or industry the registrar shall hold a secret ballot for the purpose of determining collective bargaining agent. If any trade union interfere with such a ballot by the exercise of undue influence, intimidation, impersonation, or bribery though its executive or any other person acting on its behalf, then such trade union shall be guilty of an unfair labour practice.

5. Penalty for Unfair Labour Practices on part of workman

A person who contravenes the provision of sec 18, except clause (d) of sub sec (1), he shall be liable to fine which may extend to twenty thousand Rs but not less than five thousand Rs.

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UNFAIR PRACTICE ON THE PART OF EMPLOYER :-
1. Imposing Any Condition :-
If in the contract of employment this condition is imposed that worker will not join the trade union or he will leave the membership of a trade union. It is an unfair labour practice.

2. Persuasion For Trade Union :-
If any employer discharges or threats any worker that he was persuading other worker for the membership or office ship of the trade union, is a unfair labour practice.

3. Participation In Union Activities :-
If any employer discharges, injuries or transfers the worker on this ground that he was participating in the promotion or other activities of trade union. It is also an unfair labour practice.

4. To Prevent By Offer :-
If an employer induces to prevent any worker becoming member or officer of the trade union by offering any advantage or providing any advantage is also an unfair practice.

5. Compelling For Settlement :-
If employer compels or attempts to compel any representative of the trade union for the settlement is also unfair practice.

6. Interference In Election :-
In the election of trade unions if employer interferes or in any way influences the vote for particular candidate is also unfair practice.

7. Discrimination :-
In case of promotion or employment if employer discriminates between the trade union officer and worker is also unfair practice.

8. Close Down Of Work :-
If the employer closes down the whole establishment against the standing orders of industrial and commercial employment ordinance 1968, it is also unfair labour practice on the part of the employer.

penelty

 • Every person responsible for any unfair labour practice on part of the employer shall be punishable with Imprisonment which may extend to thirty days or a fine which may extend up to Rs. 50,000

6. Conclusion

To conclude, I can say that the freedom of choice and will is the right given by the provisions of PIRA 2010 so any attempt on the part of the trade union or workman etc has been discouraged to force any person to do which he is not legally bound to do and such acts on the part of workmen or trade union has been made punishable.

5.Define trade union how it is registered? Who may cancel the registration of trade union under what circumstances?

1. Introduction

For  registration of Trade Unions the provencial govt  appointed a registrar to perform various functions with regard to the trade unions, under PIRA 2010. Provisions of section 14 and 15 of PIRA 2010 prescribes the mode of appointment of registrar and his powers and functions. Section 15 concerns and control registrar of Trade unions alone and not the labour court.

2. Relevant Provisions

Sec 4, 5 of Industrial Relation Act 2012

Sect 14, 15 of Punjab Industrial Relation Act 2010

Definition

Trade union ca be defined as  An organization whose membership consists of workers and union leaders, united to protect and promote their common interests.

Purpose of trade union

The principal purposes of a trade  union are to

negotiate wages and working condition terms, (2)

regulate relations between workers (its members) and the employer,

 (3) take collective action to enforce the terms of collective bargaining,

 (4) raise new demands on behalf of its members, and

(5) help settle their grievances.

 A trade union may be: (a) A company union that represents interests of only one company and may not have any connection with other unions

Rule for registration of trade union

1. Name of the trade union;

2. The whole of the objects for which the trade union has been established;

3. The whole of the purposes for which the general funds of a trade union shall be applicable.

4. The maintenance of a list of the members of the trade union and adequate facilities for the inspection thereof by the office-bearers and members of trade union;

5. The manner in which rules will be amended varied and/or rescinded;

6. The manner in which the members of the executive and the other office-bearers of the trade union shall be appointed and removed;

7. The manner in which the funds of the trade union shall be kept and audited and inspection of the books of accounts by the office bearers and members of the trade union be made;

8. The conditions under which any member shall be entitled to have benefits under the rules and under which fine or forfeiture shall be imposed on the members; and The manner in which the trade union shall be dissolved

3. Definition and Appointment of Registrar

Registrar means Registrar of Trade Unions appointed by the Provincial Govt. under section 14. The Provincial Govt. shall notify the fact of appointment in the official Gazette.

4. Powers and Functions of Registrar

Following are the powers and functions of Registrar under PIRA 2010.

a. Registration of Trade Union

It is the duty of the Registrar that when an application for registration is made to satisfy himself that a trade union has complied with all the requirements of this ordinance and if so then to register the Trade Union u/sec 9 and issue a registration certificate in prescribed form.

b. Maintenance of Register

Registrar also has to maintain a register for the purpose registration and register the Trade union in it.

c. Lodging of complaints

The Registrar has the power either to lodge himself or authorizes any person to lodge complaints with the labour court for action including prosecution against trade unions, employers, workers or other persons;

i. for any alleged offence, or

ii. any unfair labour practice or

iii. violation of any provisions of PIRA 2010 or

iv. for expending the funds of a trade union in contravention of the provisions of its constitution.

d. Determination of Collective Bargaining Agent

An application can be made by an registered trade union in an establishment or a group of establishment or industry, to the registrar to be certified as collective bargaining agent.

e. Power to inspect and investigate

Registrar has the power to inspect the accounts and records of the registered trade union investigage or hold such inquiry as he deems fit and this he may do so either personally or though any officer which is subordinate to him and authorized by him in writing in the behalf.

 Cancellation Of Registration:

A Certificate Of Registration Of A Trade Union May Be Withdrawn Or Cancelled By The Registrar

Grounds for canceliation of  registration

 (A) On The Application Of The Trade Union To Be Verified In Such Manner As May Be Prescribed;

(B) If The Registrar Is Satisfied That The Certificate Has Been Obtained By Fraud Or Mistake Or That The Trade Union Has Ceased To Exist  or

(C) If The Registrar Is Satisfied That A Registered Trade Union Of Workmen Ceases To Have The Requisite Number Of Members.

Provided That Not Less Than Two Months' Previous Notice In Writing Specifying The Ground On Which It Is Proposed To  Cancel The Certificate Shall Be Given By The Registrar To The Trade Union Before The Certificate Is Withdrawn Or Cancelled.

Appeal against cancellation of registration.- Any trade union aggrieved by a decision given-

(a) by the Labour Court under sub-section (1) or (2) of section 12, may appeal to the High Court; or

(b) by the Registrar under sub- section (3) of section 12, may appeal to the Labour Court.

6. Conclusion

To conclude, I can say, that the Registrar of Trade Unions enjoys overall and general control on the Trade unions to the extent that they work in accordance with Punjab Industrial Relation Act 2010 and its constitution. Otherwise Trade Union are free to pursue their policies.

6.Define redress of individual grievence and under what circumstances workers takes the matter to the labour court?

1. Introduction

The object of the government’s Labour policy was to create a environment in which both the industrialists and the workers can work together to achieve higher productivity and equitable distribution and the intention of labour legislature was to confer benefits of labour laws on as many persons as would be covered by definition of workmen. Whenever a worker has any grievance regarding any right granted to him either by law or any award or settlement, he could redress, that, under section 33 PIRA 2010.

2. Relevant Provisions

Sec 33 of Industrial relation Act 2012

Sec 33 of Punjab Industrial Relation Act 2010

3. Redress of Individual Grievance

a. Locus Standi

A person who seeks to enforce a claim must establish that he is entitled to that claim or right and that he is a “Workman” under PIRA 2010 or under the other law under which he claims the right.

b. Cases for redress of Grievance

A worker may bring his grievance in respect of any right

(i) Guaranteed to him under PIRA 2010. or

(ii) Guaranteed to him under any other law for the time being force, or

(iii) The violation, non-implementation or breach of which secured to him under any settlement or award

4. Procedure followed by workman for the redress of his grievance

a. Grievance Notice

Grievance notice to employer is essential pre-condition for filling grievance petition before labour court. Service of grievance notice by workman on employer is mandatory. Grievance notice not only to employer but also to those whose rights were likely to be affected is necessary.

b. Mode of giving Notice

The notice of the employer must be in written form and may be delivered either

(i) By the worker himself, or

(ii) Through his shop steward or collective bargaining agent.

c. Limitation period for such notice

Grievance notice must be filed within three month of the day on which cause of such grievance arises. First representation containing grievance is to be considered grievance notice for the purpose of limitation.

d. Decision by an employer

After receiving the grievance notice from workman, the employer shall communicate his decision in writing to the worker, within fifteen days of such receiving.

e. Failure of communication by employer or dissatisfaction of worker

If an employer fails to communicate his decision within 15 days of receiving notice or a worker is dissatisfied with the decision of an employer, then the worker has the following two forums to redress his grievance.

(i) Collective Bargaining Agent

The worker or shop steward may take up the matter with his collective bargaining agent for its proper solution. Collective bargaining agent means the trader union of workmen is the agent of the workmen in the establishment etc., in the matter of collective bargaining.

(ii) Labour Court

If the collective bargaining agent has itself filed the grievance notice, he may file a petition of grievance before the labour court.

a. Limitation Period

The Limitation Period for filing a grievance petition before labour court is two months from the date of communication of the

b. Procedure of Labour Court

The petition filed in the labour court is to be adjudicated as if it is an industrial dispute the labour court shall go into all the facts of the case and give its decision expeditiously and pass such orders as may be just and proper in the circumstances of the case.

iii. Award of compensation to a workman

Where the workman is terminated from his service wrongfully, the labour court may reinstate him in service and in lieu of it, may award compensation equivalent to not less that twelve months and not more than thirty months basic pay last drawn and house rent if admissible, to the workman.

iv. Effect of non-compliance of order of labour court or High Court

Where the decision of the Labour court or High court in an appeal against such order of labour court is not given effect or complied with within one month or such period as specified in such order or decision, the defaulter shall be punished with imprisonment of term which may extend to 3 months and fine Five Hundred thousand Rs.

a. Pre-requisite

Such punishment of fine can be imposed on defaulter only

i. If the order or decisions is in the favour of workman and

ii. Is not implemented within the period specified therein and

iii. Workman made a written complaint about it.

5. Joint application to Labour court

Where more than one worker have common grievance arising out of a common cause of action, they may make a joint application to the labour court.

6. Conclusion

To conclude, I can say that the PIRA 2010 safeguards the rights of workman by inserting the provision of sec. 46, under which a workman could seek redress of his grievance. It is wider in scope and he can filed grievance petition for the enforcement of right guaranteed by law, award or settlement.

Q.7 EXPLAIN IN DETAIL THE CONCEPT OF COLLECTIVE BARGAINING AGENT :-

introduction

Generally a bargaining power of the employees is very poor as compared to employers. So they adopt the way of collective bargaining to obtain the proper reward of their services. So for this purpose trade unions are organized. Trade unions do the bargaining with the employers on behalf of the worker. Trade unions perform the duty of an agent in the matters of collective bargaining for the workers.

definition

A union that possesses the sole authority to act on behalf of all the employees of a particular type in a company

Objectives of Collective Bargaining

bargaining objectives among other are to:a)settle disputes/conflicts relating to wages and working conflicts relating to wage and working conditions; b)protect the interests of workers through collective action; andc)resolve the differences between workers and management through voluntary negotiations and arrive at aconsensus;

Importance

Collective bargaining is useful device to help preserve labor management autonomy in a free society. collective bargaining is expected to serve the long run interests of labor and management. It is indispensable. Practice of collective bargaining developed out of the situation thatindividual employee has neither the knowledge nor the resources to discover and take advantage of the bestopportunities. Collective bargaining enables him to get more compensation

Appointment :-
The collective bargaining agent is appointed in the different ways :

i. Single Trade Union Case :-
In the establishment if there is only one registered union and the member of the members of such union is not less than 1/3 of the total employees. The registrar can certify that trade union as to be collective bargaining Agent, on receiving the application of such trade union.

ii. More Than One Trade Union :-
In this case registrar holds the secret ballot with in 15 days to determine a collective bargaining agent receiving the applications of such trade unions. The number of members of each trade union is not less than 1/3 of the total employees.

Difference between trade union and collective bargaining agent

 Trade unions and collective bargaining agents are differentiated by the results of a majority vote by union workers. To become the collective bargaining agent for a group of union workers, the trade union must be elected by those workers to be their representative in negotiating the terms of their pay, benefits and other working conditions, such as health and safety provisions, and retirement or pension contributions. That said, all collective bargaining agents may be trade unions, but all trade unions may not be collective bargaining agents.

RIGHTS AND DUTIES OF COLLECTIVE BARGAINING AGENT :-
Following are the important rights and duties of collective bargaining agent :

1. Rights Of Strike :-
Under rules bargaining agent can declare the strike or may issue the notice of strike.

2. Workmen Representative :-
It is the right of the collective bargaining agent to nominate the representative of workmen on the workers participation fund, or on the Board of Trustee or provident fund.

3. Represent The Proceeding :-
In any proceeding regarding the workmen, a collective bargaining agent can represent all or any of the worker.

4. Auditors Appointment :-
To audit the accounts of the company from workers point of view the collective bargaining agent may appoint the auditor.

5. Shop Steward Nomination :-
To provide link between management and workers, the collective bargaining agent may nominate the shop steward.

6. Right Of Collective Bargaining :-
It is the right of collective bargaining agent to under take the collective bargaining with the employer with respect to the matters connected with the employment.

conclusion

Q8.Discribe the mode of appointment of a labour court under IRO 2002 explain its power and duties.

Appeal to high court against decision of labour court?

1. Introduction

The main object of an industrial relations system is to provide a framework within which the conflicts inherent in a worker employer relationship may be peacefully resolved. For this purpose the labour court u/sec 44 of the ordinance has been established which secures the rights of both employer and workmen guaranteed under the PIRA 2010 and other laws for the time being in force.

2. Relevant Provisions

Sec 44, 45, 47 of Industrial Relation Act 2002

Section 44, 45, 46 of Punjab Industrial relations Act 2010.

3. Meaning of Labour Court

Labour Court means a labour court established under section 44.

4. Establishment of Labour court

Labour court is to be established by the provincial Government

a. Procedure of establishing

(i) Provincial Govt. has to consult with the chief justice of the respective High Court.

(ii) It must notify in the official gazette the fact of such establishment.

b. Discretion of Provincial Govt.

Provincial Govt. has the discretionary power in respect of establishing labour court and it may establish as many labour courts as it considers necessary.

c. In case more than one labour court established

Where provincial Govt. establishes more than one labour court, it shall specify in the notification.

(i) The territorial limits within which it exercise its jurisdiction

5. Constitutement of Labour Court

(i) Number and appointment of members of labour court

A labour court shall consist of one presiding officer appointed by a provincial Govt. in consultation with the chief justice of the respective High Court.

(ii) Qualifications

A person to appointed as presiding officer must be either

(a) Qualified to be judge or additional judge of High Court, or

(b) Has been a judge or additional judge of High court or,

(c) Is a District judge

6. Functions of Labour Court

Following are the functions of Labour court.

(a) Determination of Industrial Dispute

A labour court shall adjudicate and determine an industrial dispute which has been referred to or brought before it under this ordinance.

(b) Adjudication on matters relating to settlement

Labour court shall enquire into or adjudicate any mater relating to the implementation or violation of a settlement which is referred to it by a provincial Govt.

c. Try offences

A Labour Court has dual functions to perform i.e civil as well as criminal. It shall try offences under PIRA 2010 and such other offences as the provincial Govt. may specify by notification in the official Gazette.

d. Other Functions

A labour court shall exercise such other powers and functions as may be entrusted to it by law.

7. Procedure and Powers of Labour court

(a) While trying offences

While trying an offence, a labour court shall follow as nearly as possible summary procedure as provided under Cr.P.C, and shall have the same powers as are versed in the court of a magistrate of first class specially empowered u/sec 30 of Cr.P.C.

(b) While adjudicating industrial dispute

For the purpose of adjudicating and determining any industrial dispute, a labour court shall be deemed to be a civil court and follow the procedure as provided under C.P.C and shall have the same powers as are vested in such court under C.P.C. Following are the powers of labour court.

i. To Grant Relief

Labour court can grant full and final relief to the aggrieved party.

ii. To Grant interim Relief

Labour court is also competent to grant ad-interim relief under its inherent powers.

Iii. To grant Adjournment

Labour court has the power to grant adjournments if just cause to shown.

iv. To enforce attendance of any Person

Labour court can enforce the attendance of any person which is necessary for deciding the matter before it and this it can done so by issuing summons, proclamation etc.

v. Power to Examiner

Labour court can examine any person on oath.

vi. To compel Production of Documents etc

Labour court can compel the production of documents and material objects, necessary for deciding the matter in questions.

vii. To issue commissions

Labour court has the power to issue commissions for the examination of witnesses or documents.

viii. Ex-part Proceedings

Labour court has the power to proceeding ex-parte, where the party failed to appear before it.

ix. to determine Grievance of workmen

Labour court may determine the grievance of workmen and in doing so, it shall go into all the fact of the case and pass such order as may be just and proper in the circumstances of the case.

c. While trying cases of Rights Given under special Acts

Where the special acts confer on litigants certain rights but the power to decide, try or adjudicate the case in conferred on the labour court established under PIRA 2010 and no procedure is prescribed, labour courts can apply their own procedure.

9. Exemption from court fee

No court fees are payable for filing, exhibiting or recording any document in or obtaining any document from labour court.

10. Withdrawal of case

Where the matter has resolved the parties amicable before a final order is passed by the labour court, the labour court may allow withdrawal of such case if there are sufficient grounds for such withdrawal.

48. Appeal to the High Court.- (1) The High Court may, on appeal, confirm, set aside, vary or modify the award or decision given under section 46 or 33 or a sentence passed under clause (c) of sub-section (4) of section 44 and shall exercise all the powers conferred by this Ordinance on the Labour Court, save as otherwise provided.

(2) The decision of the High Court shall be delivered as expeditiously as possible, within a period of sixty days following the filing of an appeal, provided that such decision shall not be rendered invalid by reason of any delay in its delivery.

(3) The High Court may, on its own motion, at any time, call for the record of any case or proceedings under this Ordinance in which a Labour Court within its jurisdiction has passed an order, for the purpose of satisfying itself as to the correctness, legality, or propriety of such order, and may pass such order, in relation thereto as it thinks fit:

Provided that no order under this sub-section shall be passed revising or modifying any order adversely affecting any person without giving such person a reasonable opportunity of being heard.

11. Conclusion

To conclude, I can say, that the labour court is a judicial forum to resolve the disputes between employers and workmen. It has two-fold jurisdiction viz civil and as well as criminal, it is not subordinate to the high court and Article 201 of the constitution of Pakistan, 1973 does not apply to it. The labour court is left with the owner discretion to decide what is just and fair in the circumstances of each case, having regard to equity, fairness and social justice.

Q.9.How does a strike or lockout become illegal? What procedure is adopted during such situation? Or What are industrial dispute and there procedure for settlement?

1. Introduction

PIRA 2010 provides certain right to both employer and workman. If any industrial dispute arises between employer and the workman, they can restore to the conciliator for the settlement of such dispute and if the conciliation proceedings fail the employer may declare a lockout or a workman may go on strike.

2. Relevant Provisions

Sec 42 and 43, 44, 45 Industrial Relation Act 2012 and Section 40, 41 of Punjab Industrial Relation Act 2010.

 (ii) Definition of strike u/sec 2 (xxviii)

Strike means cessation of work by a body of person employed in any establishment acting in combination or a concerted refusal or a refusal under a common understanding of any number of persons who have been so employed to continue to work or accept employment.

4. Declaration of Lockout and Strike u/sec 40

An employer or workman may declare lockout or strike if the following conditions are satisfied.

(i) There must be an industrial dispute.

(ii) No settlement is arrived at during the course of conciliation proceedings.

(iii) Parties to the dispute do not agree to refer it to an arbitrator u/sec 39.

(iv) There must be 14 days notice by a workman to the employer for strike

5. Application to Labour Court

The party raising a dispute may make an application to the labour court for adjudication of the dispute.

(i) Time for making an application

An application may be made at any time, either before or after the commencement of lockout or strike.

6. Prohibition of Lockout or Strike

It can be discussed under the following three heads.

(i) Prohibition where it lasts for more than 30 days

Where the strike or lockout lasts for more than 30 days the appropriate Govt. may be order in writing, prohibit it.

(a) Authority Empowered Prohibit

Such strike or lockout may be prohibited by

(a-i) Federal Govt. if it relates to a dispute which the commission is competent to adjudicate and determine, and

(a-ii) Provincial Govt. if it relates to another dispute.

(ii) Prohibition before the expiry of 30 Days

The appropriate Govt. may prohibit the strike or lockout even before the expiry of 30 days if it is satisfied that the continuance of such strike or lockout is causing serious hardship to community or is prejudicial to the national interest.

(a) Authority empowered to Prohibit

Such prohibition may be made by

(i) Federal Govt. if it relates to a dispute which the commission is competent to adjudicate and determine, and

(ii) Provincial Govt. if it relates to other dispute, with the previous approval of the Federal Govt.

(iii) Prohibition of Commencement of Lockout or Strike

The Federal or Provincial Govt. as the case may be shall prohibit by an order in official Gazette, the commencement of a strike or lockout if the same is in the opinion of the Govt. Concerned is detrimental to the interests of the community at large.

7. Dispute to be Referred u/s 40(5)

Where the Federal or Provincial Govt. prohibits a strike or lockout, it shall forthwith refer the dispute to the commission or the labour court, as the case may be.

8. Making of award u/s 40(6)

The commission or the labour court after giving both parties to the dispute and opportunity of being heard shall make such an award as it deems fit as expeditiously as possible.

(i) Time Limitation for Making

Such award must be made within 30 days from the date on which the dispute was referred to it but any delay in making an award shall not affect the validity of it.

(ii) Making for Interim Award

The commission or the labour court as the case may be, may make an interim award on any matter of dispute.

9. Duration of award u/s 40(9)

The award made u/s 40(9) shall be for such period as may be specified in the award but shall not be for more than two years.

10. Strike or Lockout in public utility services u/s 41

The Government in case of strike or lockout relating to an industrial dispute in respect of public utility services may, by order in writing prohibit a strike or lockout at any time before or after the commencement of strike or lockout.

(i) Meaning of Public utility service u/s 2(XXIII)

Public utility service means any of the service specified in schedule I.

(i-a) Services Provided under schedule I

Following services are provided under schedule I.

(a) Generation, Production manufacture or supply of electricity, gas, oil or water to the public.

(b) Any system of public conservancy or sanitation.

(c) Hospitals and ambulance service

(d) Fire fighting service

(e) Any postal, telegraph or telephone service

(f) Railway and airway

(g) Dry Ports

(h) Watch and wards staff and security services maintained in any establishment.

(i-b) Time when Prohibition may be made

Such prohibition of strike or lockout may be made at any time before or after the commencement of the strike or lockout.

11. Conclusion

To conclude, I can say that the workman or employer both can go on strike or lockout, if their demands not accepted by the other party such strike or lockout must be in accordance with the provisions of section 40, otherwise it may be declared as illegal. Government may prohibit it if is detrimental to the national interest or unnecessarily prolonged.

Q.10. Right and obligation of workers and employee are reciprocal explain it?

Employers and employees have responsibilities to each other, they should also expect their rights to be upheld. These rights and responsibilities relate to  Health and Safety, the provision of Terms and Conditions of Employment, Equal Opportunities and the right to be paid a Minimum Wage. The Health and Safety at Work Acts set out responsibilities and rights for both employees and employers. Employees are expected to carry out their work in a way that has regard to the safety of others. Employers are expected to abide by a range of requirements governing such aspects as providing safe machinery and equipment, carrying out regular health and safety checks, ensuring the training of employees in health and safety issues, and carrying out a risk assessment to assess the dangers of particular work activities

Nature of rights and obligation

The right and obligation of employer and employee  towards each othere are reciprocal in nature

Reciprocal Right and obligation of employee and employer

An employer owes their employee the following duties, which again can be implied by the law or may be found in the employment contract.

1. Duty to pay the employee the agreed amount if the employee arrives for work and can work.

2. Provide the employee with work to do, (this is limited). However, for example, if the employee is paid by commission and the employer does not give the employee any work or if not working could damage the employee's reputation, for example, if you are a senior executive in a company. Then the employer may have broken their duty to the employee.

3. Observe Health & Safety Regulations.

4. Give employees correct information about rights under their contract.

5. Give employees reasonable opportunity to have their complaints looked at.

6. The employer and employee also owe each other a duty of "Mutual Trust & Confidence", basically they must show respect for each other.

7.There is an obligation on an employer to pay statutory sick pay for the first 28 weeks an employee is absent due to sickness in any period of 3 years. If an employee is eligible. 

8.Employees entitled to at least four weeks holiday in any one year period.

Employers' Rights

1An employer has the right to request that the insurance carrier contest the compensability of a claim.

2.An employer has the right to attend any hearings related to a claim filed by one of the employer's workers.

3.An employer has the right to electronically access the Board's case file for a claim filed by the employer's worker by visiting one of the Board's customer service centers.

4.An employer has the right to report suspected workers' compensation fraud to the Inspector General.

5.An employer has the right seek administrative review and/or appeal to the Appellate Division. If insured, it may request that the insurance carrier seek review on appropriate grounds of a Board decision.