1. The Industrial Relations Ordinance, 1969
Labour Code of Pakistan
Before the enactment of this law there were already laws available regarding the regularization of trade unions and settlement of the disputes and avoidance of differences peacefully.
This enactment is amendment and further improvement in the existing law at that time. It is product of the Martial Law regime of that time. It is consolidation of the laws available on certain matters into one.
This law does not apply on certain agencies, which are exempted keeping in view of their national importance and effect on common people. Police, army, national security printing press are the departments, which cannot afford trade union, thus strikes attached with this right. Following are exemptions to this law:
1. Defence services: It includes police, ordinance factory, army, and any other connected agencies maintained my federal government. These are the departments of national importance, which directly protect Pakistan .
2. Administration of the state: Employees who are administrated by the state other than workmen employed in Post, Railway, Telegraph, and Telephone Departments.
3. Security of Pakistan
4. Communication corporations: Pakistan Television Corporation and Pakistan Broadcasting Corporation is also prohibited to form trade union as communication system of entire country suffers due to trade union activities.
5. Security printing agencies: Security printing corporation either Pakistan Security Printing Corporation or the Security Papers Limited is prohibited to form trade union.
6. Health establishments: Any establishment which deals in any respect with sick or mentally handicapped patients are also debarred to act as unionist. Patient may suffer due to non-attendance of such experts.
7. Essential services of oil refinery: Watch and Ward, Fire Service Staff of oil refinery establishment is the essential service provider so not allowed to become the member of political agency.
8. Essential services of natural resources’ establishments: Security or Fire Service Staff of an establishment engaged in production, transmission, or distribution of natural resources are exempted to form union.
Industrial dispute: Any dispute between employer and workmen, between workmen and workmen, or between employer and employer are called industrial disputes. It is notable thing that plural tense is used. Industrial disputes may be categorized as such:
1. As regard to employment: Where employer tends to hire workers at his choice, Collective Bargaining Agent may interfere keeping in view of perception of the sabotage of unionist activities by employer. Collective Bargaining Agent may want the recruitment of the descendents of workers.
2. As regard to Non-employment: It is termination of the worker by employer in which Collective Bargaining Agent may intervene keeping in view of the interest of workers.
3. Terms of employment: Employer may incorporate any term in service contract or agreement, which may harm the interest of worker. This may bring industrial dispute.
4. Condition of work: There may be certain conditions of work, which may adversely affect worker, e.g., excessive heat or substandard arrangements of safety and health etc.
Individual dispute: It is a dispute which relates to individual and against which large community is not affected is individual dispute, e.g., case of demotion or increment etc.
Settlement of Industrial Dispute
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Non-judicial Forums
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Judicial Forums
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High Judicial Forum
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1. Negotiation
2. Conciliation
3. Arbitration
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1.
2. Labour Appellate Tribunal
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1. National Industrial Relations Commission (N. I. R. C.)
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Arbitrator: It means out of Court settlement of the disputes. Here neither Arbitration Act is applicable not Land
Representation of employer and employees forms works council in Mills to settle dispute peacefully manners. There are certain agreements exist between employer and employees. If any industrial dispute arises, the negotiations are conducted to settle the dispute. If arbitration fails to do so then either workers, may give notice of fourteen days to employer for legal strike or employer may give notice of fourteen days for legal lock out. This protest may take maximum thirty days.
Arbitrator persuades for peaceful settlement of industrial dispute within fourteen days of notice. If the matter is settled peacefully then no strike is required. Otherwise strike begins. Parties may refer the industrial dispute to their own appointed arbitrators for settlement. Settlement of disputes without strike is quite possible. Provincial Government has also list of arbitrators. Both employer and employees may choose arbitrator from that list. Decision of arbitrator is termed as Award and thus binding on parties for one to two years.
Government may intervene for the conclusion of legal strike before it is legally completed if national interest is involved or large community suffers. In such a case government may refer the dispute towards Labour Appellate Tribunal for final judgement, which is binding. No appeal lies against the judgement of Labour Appellate Tribunal except writ in High Court.
Judgement of Labour Court in certain cases but in all cases of Labour Appellate Tribunal and Arbitration is termed as Award. Interim award has same status as final award or judgement.
Conciliator (ÊfÄÄ· OZ»Bv¿): He is appointed u/s 22 (1 & 2) of this Ordinance. Federal Government appoints him. He is a person who is competent to hear case under National Industrial Relations Commission. He is appointed when case is try-able under National Industrial Relations Commission. Also Provincial Government appoints him where the case is try-able in National Industrial Relations Commission.
Functions and powers of Conciliator u/ss 27 and 30: Following are functions and powers:
1. Determination of dispute/settlement:
2. Requiring presence of employer:
3. Suggest to parties for concessions:
4. Suggest to parties for modifications:
5. Amicable settlement:
6. Memorandum of settlement to Provincial Government:
7. Continue proceeding while strike: Where parties agree.
8. Reference to arbitrators:
Strike u/s 32: Following constitutes strike:
1. Temporary cessation of work on the part of workman.
2. Right of workman.
3. Due to failure in amicable solution.
4. Notice of fourteen days.
Lock out u/s 33: Following constitutes lock out:
1. Temporary cessation of work on the part of employer.
2. Right of employer.
3. Due to failure in amicable solution.
4. Notice of fourteen days.
Cognizance of the Labour Court Labour Court where amicable solution is failed.
Maximum limit: Workers may go on strike for a maximum period of thirty days. This is also on the part of employer. Matters are sent to Labour Court after the expiry of thirty days period.
Consequences: Federal or Provincial Government may prohibit the above both actions. Following consequences may take place in response of above action:
1. Hardship to community: Flour Mills.
2. Reference to Labour Court
3. Award of Court or Commission:
4. Limitation: 30 days.
5. Interim award:
6. Period of award: Two years.
Kinds of disputes: Following are the kinds of disputes:
1. National importance:
2. In respect of public utility:
Adjudication and determination by NIRC or Labour Court
Again reference to Labour Court
Limitation: Thirty days.
Limitation of award: Two years.
Conciliation proceedings: These are the proceedings, which take place before conciliator.
Illegal strike: Strike becomes illegal if declares, commences, or continuous against the provisions of this Ordinance. Strike without notice of fourteen days is illegal. Strike within fourteen days after serving notice is illegal and its continuous is also illegal.
Illegal lock out: Lock out becomes illegal if declares, commences, or continuous against the provisions of this Ordinance. Lock out without notice of fourteen days is illegal. Lock out within fourteen days after serving notice is illegal and its continuous is also illegal.
Collective Bargaining Agent (CBA) (’ÄVÍA B· ÔjŒAeÌm Ó§BÀNUA): There was no representation of employees in industrial disputes earlier. Collective Bargaining Agent is a Trade Union, which emerges and declared u/s 22. Collective Bargaining Agent remains in session for two years after election. If there is sole Collective Bargaining Agent in establishment the sole otherwise elected Trade Union shall act as Collective Bargaining Agent. Collective Bargaining Agent is registered under Labour Laws.
It is Trade Union of workmen in an establishment or industry, which has been declared to be so under the provision of S. 22 of this Ordinance.
Trade Union: It means any combination of workmen or employers formed primarily for the purpose of regulating the relationship between:
1. Workmen and employers or;
2. Workmen and workmen or;
3. Employers and employers or;
4. For imposing restrictive conditions on the conduct of any trade or business includes a federation of two or more trade unions.
Industry wise Trade Union: Collective Bargaining Agent gets shape of industry wise Trade Union when its representation comes from two or more different provinces. If industry is spread over more than once province then union is called industry wise trade union.
Non-industry wise Trade Union: Collective Bargaining Agent, representation of which trade union rests within one province is termed as non-industry wise trade union.
Award: This is a decision or determination either given by Labour Court , Labour Appellate Tribunal, or Arbitrator. It also includes Interim Award.
Employer: He is any person or body of persons, whether incorporated or not, who or which employs workmen in the establishment under a contract of employment and includes:
1. An heir, successor, or assign as the case may be, of such person or body as aforesaid;
2. In relation to any establishment run by or under the authority of any department of the Federal Government or Provincial Government, the authority appointed in this behalf or, where no authority is appointed, the Head of the department;
3. In relation to an establishment run by or on behalf of a local authority, the officer appointed in this behalf or where no officer is so appointed, the chief executive officer of that authority shall be employer;
4. In relation to any other establishment, the proprietor of such establishment and every director, manager, secretary, agent or officer or person concerned with the management of the affairs of that establishment.
Worker or workman: It means a person:
1. Who does not fall within the definition of employer.
2. Who is employed as supervisor or an apprentice in an establishment or industry.
3. Whether for reward or hire.
4. Either directly or indirectly (under contract).
5. Whether the terms of employment be expressed or implied.
But does not include any person:
1. One who is employed mainly in a managerial or administrative capacity.
2. One who, being employed in a supervisory capacity draws wages exceeding Rs. 800/- per month.
Settlement: It means the determination of an industrial dispute before the conciliator. It also includes any other arrangement between the employers and workmen in respect of any industrial dispute.
Freedom for formation of Trade Unions and Associations: It is notable that workers form trade union while employers form association. It is a freedom provided in not only in constitution but also under Industrial Relations Ordinance, 1969. They may form or join any union or association of their choice. They may draw constitutions and rules.
Formation of federation either at local or national level for both workers and employers is lawful. Federation means combination of two or more trade unions or associations, e.g., union of one establishment may join union of another establishment thus it shall be federation. It may either be formed locally or nationwide.
Adherence of the law of the land: They may join other federation at international level but the national integrity, glory of Islam, defence, national interests, security must be kept in consideration. Violation of such principles cannot be allowed in any circumstances. Freedom is subject to constitution. All unions or associations or federations are supposed to give due regard to law of the land, which is superior in all respects.
Application for registration: Every trade union must be registered and the president and secretary of the union must sign application for registration. The relevant person appointed for the registration of the trade unions files this application. Following is provided in the constitution of the trade union:
1. Name of the trade union:
2. Address of the trade union:
3. Object of formation:
4. Purpose to utilize funds:
5. Number of executives:
6. Conditions for benefits of members:
7. List of members:
8. Qualification of members:
9. Facility to inspect record:
10. Manners to amend constitution:
11. Safe custody of funds:
12. Annual audit:
13. Facilities for auditors:
14. Manners to dissolve trade union:
15. Manners of election:
16. No confidence procedure:
17. Meetings of trade union:
18. Engagements of workers:
19. 1/5th membership:
Unfair labour practice on the part of employers u/s 15: Unfair labour practices are those, which are not only undesirable but also prohibited at law. Such practices are abuses on the part of employers. These unfair practices are as follows:
1. Restriction on membership of association: Employer or trade union of employers cannot impose any restriction, which causes obstruction in membership of constitutional right of association. Constitution grants the freedom of association. Employer cannot make any contract workmen in contrast of such constitutional provisions. Employer cannot compel to join his blue eyed association. As employer compels workman for such membership, he commits wrong.
2. Refuse to employ upon union activist: Employer neither can bind workman upon employment to join or leave particular union nor he may compel workman to vote particular association. Refusal of employment on such grounds shall be null and void.
3. Discrimination: After recruitment of workers, employer cannot discriminate workers as for promotion, conditions of employment, or working conditions. Such discrimination constitutes unfair labour practice. Good treatment for certain workers is treated bad for others.
4. Prejudice treatment/action: Employers neither may dismiss, remove, transfer, or discharge workers nor they may threaten in such regard. Lawful union activities cannot be restricted. Workers’ pursuance of other persons to make member of their union, participation in formation, promotion, inducement to workers is unfair labour practices on the part of employer. Passing of the words that I shall promote or demote you upon joining or non-joining of certain union shall be sufficient to constitute offence under Pakistan Penal Code.
5. Restriction on liberty of invitation: Every worker is at liberty to invite others to join his union. Employer cannot impose restriction on such persuasion. As far as he imposes any restriction, which causes hurdle to do so, may be charged criminally.
6. Restriction on participation in union activities: Workers can participate in union activities to promote it provided the work of factory does not suffer for which they are employed principally.
7. Inducement or refrain to do legal act: Employer cannot induce the workers to do certain act or to refrain to do certain act, which is legal on the part of workers. Such inducement or refrain to do legal act is unfair labour practice on the part of employer.
8. Confinement: Employer cannot confine any worker or group of workers to join certain Collective Bargaining Agent. If he uses certain acts to compel them in his favour or confine them to act against their free will or causes power and electricity failure or disconnection as consequences of thereat is offence under Pakistan Penal Code. Employer neither can ban entry of worker at any place where he has legal right to enter nor he can confine him to get his favour. This is also covered under unfair labour practice on the part of employer.
9. Interference in balloting: To participate in election and casting vote at their own choice is right of workers. Employer cannot interfere in such doing. Employer cannot compel workers to cast vote against their free will. If he does so, will be charged under unfair labour practice.
10. Recruitment during strike: Strike is legal right of workers. If they have announced and continued strike, employer cannot employ other resources to defeat/frustrate strike. Employer cannot make recruitment to get performed undone work. There is an exception to this rule. Employer can recruit certain amount of workers, which is sufficient to avoid loss. For instance, in juice factory, he can recruit such amount of workers, which is sufficient to dispose of pulp kept in vessels. Since this recruitment is made to avoid apprehended loss, so it is fair practice. This employment is temporary in nature and made upto the extent to avoid possible loss. If employer let the workers continue to work without sufficient cause, shall be charged under unfair labour practices.
11. Illegal shut down of industrial unit: Employer cannot shun down industrial unit to compel workers to refrain their lawful activities. Employer can restrict outsiders to enter into his industrial unit. Employer cannot restrict the entry of workers in industrial unit for work purposes.
12. Shut down without prior notice: Shut down without prior notice is illegal thus this practice is covered under unfair labour practice on the part of employer.
13. Restriction on utilities:
Unfair labour practice on the part of workmen u/s 16: Unfair labour practices are those, which are not only un-desirous but also, prohibited at law. Such practices are abuses on the part of workmen. Those unfair practices are as follows:
1. Pursuance during working time: Every workman may pursue other workers for the support of his union. But support should not go behind the limitations which law has provided. This convincing should be made after working hours.
2. Inducement: Support is legal matter but inducement or to refrain to continue with particular union is illegal act. Workmen cannot compel to others workmen, neither they may threat nor induce. Co-workers cannot compel others to cease their membership with union.
3. Offer of undue advantage: As soon as any workman induces other worker to join his union by mean of undue advantage, he commits offence. All workers are at their liberty to join or leave any union without the commitment of undue advantage. This undue advantage may contain promotion, increment, or designation in union etc.
4. Use of coercion and other unlawful means: Workmen are at liberty to pursue for their benefits from the employer. But they cannot use pressure or undue influence or thereat. Neither compel nor attempt to compel is allowed by law. If it is committed, offence is constituted. Disconnection of utilities such as telephone, water, electricity etc. is prohibited to compel for anything. Any demand by using threat, intimidation (fear), coercion, pressure, confinement, dispossession, assault, physical injury etc. are illegal acts thus cannot be used for any demand even for any legal demand. No aspect is left which is not covered to avoid evil things. This thing establishes cordial relationship between the employer and employee.
5. Illegal strike: Offer of money or otherwise to commence, continue, instigate, or incite (induce, provoke) for illegal strike or go-slow is prohibited at law. If go-slow is caused due to fault of machinery or failure of electricity or any other utility where intention of workmen is not involved, is not covered under go-slow. Any fault, which is out of control on the part of workmen, is not unfair labour practice.
6. Strike without notice: s
7. Go slow: Offer of money or otherwise to commence, continue, instigate, or incite (induce, provoke) for go-slow is prohibited at law. If go-slow is caused due to fault of machinery or failure of electricity or any other utility where intention of workmen is not involved, is not covered under go-slow. Any fault, which is out of control on the part of workmen, is not unfair labour practice.
Rights and Privileges to Collective Bargaining Agent u/s 17: Law provides immunity to officers and members of a registered trade union or Collective Bargaining Agent from punishment u/s 120 – B of the Pakistan Penal Code with exceptions. This privilege is only provided with respect to the activities of trade union. It objects for the welfare of workers. This immunity aims to project constitution of trade union. This protection is only provided to protect the cause of trade union.
Immunity from civil suits in certain cases u/s 18: S. 18 protects unionists from civil suits or other proceedings of a civil nature in respect of certain acts done in furtherance of industrial dispute.
Under the normal law, a civil suit can be filed against a person or body of persons, who do any act which induces some other person to break a contract of employment of which is an interference with the trade, business, or employment of some other person or with the right of some other person to dispose of his capital or labour as he wills, if the plaintiff has suffered or is likely to suffer damages as a result of those acts. But the mere fact that damage has been caused does not make those acts actionable; other factors have also to be taken into account, i.e., whether the act done is lawful or unlawful, whether the means adopted are lawful or unlawful, and what is the intention behind the act.
In the first two cases if the act done or the means adopted are unlawful, the person or a combination of persons responsible are liable to be sued in a Court of law for civil liability irrespective of the intention of the act. In the third case there is a difference between the individual and the combination. In the case of individual, if the act and the means are lawful, the intention is immaterial but in the case of a combination of persons, the intention is material. Thus when a person asks another not to join the service of a third person or not to buy goods from him and does not resort to violence or intimidation, the third person cannot file a suit against the first person although the intention of such person is to cause damage. On the other hand, where a body of persons acting in combination (say registered trade union) do a lawful thing in a lawful manner and thereby cause damage to another, such other person can file a suit against them, if the intention of the combination is only to injure him and not protect or advance their own interest. For example, if certain workers having failed in strike, out of sullenness (in a bad mood) and not with a view to protect or advance their interest lower the output in a factory the employer can file a suit against them for the damage caused to him by such action. It should be noted that the protection does not extend to inducements to break contracts other than contract of employment, e.g., contract for the sale and purchase of goods.
On the other hand if the intention of the combination (doing a lawful thing in lawful manner) is not to injure a third person but only to protect or advance their own interests and damage is thereby caused to the third person, such person cannot file a suit against them.
Registration of federation of trade unions u/s 20: Formation of federation either at local or national level for both workers and employers is lawful. Federation means combination of two or more trade unions or associations, e.g., union of one establishment may join union of another establishment thus it shall be federation. It may either be formed locally or nationwide. Union of the employees cannot join the union of employers and vice versa.
There must be a constitution of a federation as the union is. Application for registration is liable to sign by all the presidents of the unions concerned or their officers so authorized. They shall prepare the instrument in triplicate. If constitution specifies that mere particular industry is subject of federation then union relating to other industry cannot join the federation. For example, if constitution allows that only unions of cotton industry can form federation then union from chemicals industry cannot join such federation however they may form separate federation for other purpose they have.
Audit u/s 21: Accounts of the trade unions are liable to audit and unions are bound to send to Registrar a statement in the manner prescribed including all receipts of income and expenditure, assets and liabilities at the end of the year or any other date which is prescribed.
All the alteration made in constitution or any change in officers of the trade unions shall also be communicated to Registrar. Funds of the unions cannot be utilized for the purpose not prescribed in the constitution. If constitution does not allow, president of the union cannot purchase car for himself. It shall be ultra vires of the constitution.
Powers of Registrar u/s 13: Registrar enjoys the powers under law such as:
1. To register the Trade Union:
2. Maintenance of register for the purpose:
3. Lodge complaints to Labour Court
4. Authorize to any person to lodge complain:
5. Determination of Collective Bargaining Agent among others:
6. Inspect record of Trade Union:
7. Inspect account of Trade Union:
8. Investigation on record:
9. Other powers prescribed:
Collective Bargaining Agent u/s 22: Registrar is bound upon application to get hold election for the Collective Bargaining Agent. Where there is one union there should be no reason to hold election for Collective Bargaining Agent. The sole union acts as Collective Bargaining Agent. Where there is more than one trade unions, Registrar get hold election for Collective Bargaining Agent. When different unions submits their applications for the holding of elections, Registrar send notices to other unions.
Every workman who has worked for or more than three months is eligible to cast his vote in the election of Collective Bargaining Agent. In case the seasonal industry, three months’ service during the entire service either in piece meals is sufficient to attain the status of eligible voter.
This is the duty of employer to provide the facilities to Registrar for holding elections. Employer cannot interfere by any mean in election. Elections are held when maximum workers are available on work place. In the absence of maximum workers, elections cannot be got held.
Canvassing is not allowed with the radius of fifty yards of the place where elections are being held.
National Industrial Relations Commission u/s 22 – A: It is a high level forum for the relationship of workers community alongwith employers.
Constitution of commission: Only Federal government constitutes this commission and appoints its chairman and members.
Minimum membership: Government shall fixes minimum numbers members of the commission, but in any way this strength shall not be less than seven including chairman. Apart from minimum requirement of members, government shall appoint another two members, one of whom shall assist chairman on the matters relating to employees and other one to employers. Chairman may also appoint other members at his sole discretion under law.
Qualification of chairman: Only government determines the qualification of chairman and other members.
Honorarium of workers’ representative: Representatives of workers are entitled for honorarium to meet the requirements of the representation.
Functions of National Industrial Relations Commission u/s 22 – A (8): Commission shall perform the following functions:
1. Promotion of unionism: This is a judiciary which itself promote the cause of labour. To encourage of union activities is duty of National Industrial Relations Commission and to ensure the working in industry in the interest of industry.
2. Formation of federation: Formation of federation either at local or national level for both workers and employers is lawful. Federation means combination of two or more trade unions or associations, e.g., union of one establishment may join union of another establishment thus it shall be federation. It may either be formed locally or nationwide.
3. Adjudication and determination of industrial disputes: This is the duty of government to determine particular dispute in industry to avoid any mishap. Government not only ascertains the existence of dispute but also adjudicates the matter in the best interest of public and workers as well. For example, strike in flourmills causes severe tension not only to workers but also public at large, therefore, government does not remain this matter pending. Shortage of flour may also cause rise in prices and may cause starvation.
4. Registration at higher level: Apart from common union, there are further more categories which require separate registration, e.g., industry wise trade union, federation of trade unions, and federation of trade unions at national level etc. National Industrial Relations Commission registers them.
5. Determination of Collective Bargaining Agent: National Industrial Relations Commission also determines Collective Bargaining Agent amongst industry wise trade union, federation of trade unions, and federation of trade unions at national level.
6. Try of certain offences: National Industrial Relations Commission tries following offences which come u/s 53 of Industrial Relations Ordinance, 1969 with exceptions and others:
a) Unfair labour practices on the part of employer: Unfair labour practices on the part of employers, u/s 15 are prohibited thus punishable under law. National Industrial Relations Commission can impose punishment with imprisonment, which may extend to four years or with fine, which may extend to ten thousand rupees or with both.
b) Unfair labour practices on the part of employees: Unfair labour practices on the part of employees, u/s 16 are prohibited thus punishable under law. National Industrial Relations Commission can impose punishment with imprisonment, which may extend to three years or with fine, which may extend to five hundred rupees or with both.
c) Coercive means of workers against employer: U/s 16(1)(d) unfair labour practice on the part of workers is prohibited. Workers cannot use coercive means against employer for any demand by way of compel or attempt to compel of intimidation, pressure, threat, confinement, ouster from a place, dispossession, assault, physical injury, disconnection of telephone, water, or power facilities. This is offence and punishable with imprisonment upto three years or with fine upto two thousand rupees or with both.
d) Offence of officer of union: If any officer of union contravenes the provisions of S. 16(1)(d) shall be debarred to hold office in any trade union for the period in which he is debarred to hold office. This punishment is in addition to imprisonment upto three years or fine upto two thousands or both.
e) Any other matter: Any other matter relating to either employee or employer in relation to any type of unionism is try-able by the National Industrial Relations Commission.
7. Education of trade unionism: This is duty of National Industrial Relations Commission to advise government so far as the matters of the education of the promotion of trade union activities are concerned.
8. Punishment on observation: s
9. Punishment on prejudice disobey: s
10. Hatred contempt: s
11. Inquiry: s
12. Any other functions: Government may notify any other powers given to National Industrial Relations Commission time to time.
Benches of the commission u/s 22(B): National Industrial Relations Commission establishes benches of the commission in different areas, cities, and industrial zones. Chairman of the commission shall supervise the benches within his jurisdiction.
Membership of full bench commission: Three or more than three members shall constitute commission.
Branch of commission: National Industrial Relations Commission may constitute further branches of commission comprising on one or more members.
Opinion of commission: Opinion of the commission shall not be challenge-able on the ground whether one or more members of the commission were absent when opinion was made. Even a single member of commission is sufficient to give opinion. It shall be final and binding to parties.
Reference to Chairman: Where members of the commission reaches to opinion which is equally divided, it shall be referred to chairman for his verdict. He may call fresh inquiry. His opinion shall be final and binding on parties. Chairman may cast his casting vote where opinion is equally divided. In normal circumstances, chairman does not cast his vote.
Additional powers: Following are the additional powers of the commission:
1. Punishment on obstruction: Where worker or employer abuses the powers of commission, commission may punish the offender.
2. Punishments on prejudice disobey: Where opinion of commission is not comply with in good faith, commission may inflict punishment on the person so disobeys.
3. Hatred contempt: Where opinion of the commission is not complied with intentionally in proud manner, commission may punish with imprisonment for a maximum period of six months or with fine upto Rs. 2,000/- or with both.
4. Inquiry: Where dispute of national importance is involved, commission may investigate the matter on spot. Commission may inspect record, building, and shops etc.
Grievance-notice u/s 25 – A of Industrial Relations Ordinance, 1969: Following is the draft of grievance notice:
1. Mr. Muhammad Zeeshan Akbar Khan
General Manager
2. Mr. Muhammad Musanjef Riaz
Senior Manager Industrial Relations
3. Mr. Nizam-ud-Deen Khan
Chief Executive Officer
M/s. Nizam Group of Industries
Kot Lakhpat Industrial Area
Subject: Grievance Notice u/s 25 – A of Industrial Relations Ordinance, 1969.
Dear Sirs,
I was appointed as helper in Electrical Department in your organization and my date of joining was July 01, 1996 .
My salary was fixed Rs. 64/- (Rupees sixty-four only) per day alongwith the overtime Rs. 4.38 per hour and I have been receiving my salary on signing on payroll every month.
I have been doing this job under the supervision of Mr. Babar Mairaj and come under the definition of “workman” as per provisions u/s 2 of the Industrial Relations Ordinance, 1969.
That I have been working honestly and upto the entire satisfaction of my in-charge and no warning or show cause notice has been issued to me during this period.
That my services are terminated after three/six months and again rehired for the same job and this practice has been continuing for last two years.
That as my job remains with the company without any interruption therefore as such I have become permanent employee of the company after completion of three moths’ probation.
That I have been supplying three/six months’ appointment letters and again after interval of two or three days, I have been providing fresh letter for the same period.
This action of the company is illegal, frivolous, and based on mala-fide intention to prevent my services as permanent employee.
Company has issued me five letters whereas I have been continually working with the company for last two years in accordance with the Industrial Relations Ordinance, 1969 provisions and as such become a permanent employee.
That the company employs more than twenty workmen and therefore Standing Orders Ordinance, 1968 is applicable and as such issuance of temporary letters after gaps of two or three days for appointment on a job of permanent nature is violation of the Standing Orders Ordinance, 1968 and I have become permanent employee.
It is, therefore, requested that the practice of issuing three/six months’ letters may please be stopped and arrangement to issue me a permanent letter with effect from my date of joining, i.e., July 01, 1996 .
It is once again requested to your honour, to redress my grievance within the stipulated period as provided in the law failing which I will be constrained to invoke the Court of justice.
Thanking you.
Yours faithfully,
Waqas Ahmed
Helper – Electrical Department
Mirza Muhammad Asif Siyal
The Manager Administration
Sabir Pharmaceuticals Limited
Bedian Road
Subject: Redress of grievances regarding leave.
Dear Sir,
I have been sanctioned ten (10) days’ leave by the Supervisor after obtaining necessary approval from the competent officer. On sixth day, I received a telegram from the employer canceling my remaining four (4) leaves, and was directed to report on duty on the ground of emergency. I had reported myself on duty on sixth (6th) day of May 2002, in compliance to the ordering of the employer. Now the Supervisor of my establishment has refused to pay the overtime and also deducted the conveyance allowance of four (4) days which has been guaranteed under the settlement between the employer and Collective Bargaining Agent.
I, therefore, file this petition to your good self to redress my grievances, which arose due to an illegal action on the part of Supervisor.
In case of failing to redress the grievances as stated above, I shall take this matter to the Labour Court and also claim the expenses of Court.
Yours faithfully,
Mirza Babar Aftab
Welder
Petitioner
Limitation: Limitation period to being the case to the Labour Court after the unsatisfactory decision of the employer, i.e., Manager Administration is two months.
In the Labour Court of Mr. Saddam Hussain, Senior Civil Judge, Lahore
Mirza Babar Aftab
Welder
Sabir Pharmaceuticals Limited
Bedian Road
Petitioner
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Versus
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Rana Nadeem Qamar Khan
Manager Administration
Sabir Pharmaceuticals Limited
Bedian Road
Respondent
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Petition u/s 25 – A of Industrial Relations Ordinance, 1969
Respectfully Sheweth:
1. Facts of the cases.
2. Facts of the cases.
3. Facts of the cases.
4. Facts of the cases.
5. That as required u/s 25 – A, I have filed an application myself before the respondent but he has not redressed my grievances. Hence this petition.
6. That Cause of action arose one and half month ago when the respondent issued a letter of rejecting the application of grievances.
7. That respondent resides in Lahore and also application for the redressal of grievance was given in Lahore , therefore, this Honour-able Court has got jurisdiction to entertain and proceed the petition.
8. That the value of subject matter for the purposes of Suit Evaluation and Court Fee has been fixed Rs. 200/- on which requisite Court fee Rs. 15/- has been paid.
In view of the above, it is respectfully prayed that the petitioner may be allowed overtime and the conveyance allowance for the period he has attended the industry with cost.
Petitioner
Verification: As usual.
Constitution of Labour Appellate Tribunal u/s 38: Provincial government has authority to constitute one ore more such tribunals under this law.
Appointment of members: A person who is the Judge of the High Court or has been Judge shall be appointed as the member of this tribunal. He can award punishments for contempt of its authority as well as of the Labour Courts, subject to an appeal to the High Court.
Powers of Labour Court Labour Court enjoys following powers:
1. Determination of industrial disputes:
2. Enquiry on violation of settlement:
3. Enquiry on implementation of settlement of provincial government:
4. Adjudication on violation of settlement:
5. Adjudication on implementation of settlement:
6. Try offence under Industrial Relations Ordinance, 1969:
7. Try offences under other laws as provincial government specifies:
8. Other powers as conferred:
9. Summary proceedings:
10. Enforcement of attendance:
11. Examination on oath:
12. Compel to produce documents:
13. Compel to produce material object:
14. Issuance of commission:
15. Powers under Code of Civil Procedure:
16. Powers under Code of Criminal Procedure:
17. Powers of Magistrate u/s 30 of Code of Criminal Procedure:
Power of the Labour Appellate Tribunal: This tribunal possesses the following powers on appeal:
1. Confirmation of award: Where it is found from the face of record that the award of labour Court is correct prima facie, this tribunal upholds such award.
2. Set aside decision: Where any illegality or mistake is committed during the making an award, this tribunal may set aside the finding of its subordinate Court.
3. Vary of award: Where this tribunal thinks fit that award requires some variance, it may vary the award passed by the lower Court. Variance of award requires the compulsorily hearing the other party. This principle is based on the maxim “audi alteram partem” that no one can be punished being unheard. It is one of the principle of natural justice.
4. Modification of award: Where is some clerical or arithmetical mistake and they do not change the award wholly, this tribunal may modify the mistake upto the extent of such essential requirement. Award cannot be altered or modified until or unless opportunity is given to the other party to show cause.
5. Delivery of decision: Tribunal is bound to deliver its findings within a period of 60 days. But where is sufficient and reasonable ground to prolong proceedings, it may not vitiate the entire proceedings.
6. Call of record: Tribunal has also power to call record from its subordinate Court as to get satisfaction about the correctness, legality, or propriety of such order. This provision objects the end of justice.
7. Power relating to contempt: This tribunal has also power to punish upon the commission of its contempt as like High Court.
8. Transfer of cases: Labour Appellate Tribunal may transfer cases within its jurisdiction from one Court to another. This power may be used either on its own motion or on the application of the party.
9. Stay on reinstatement: Where subordinate Court passes an order of the reinstatement of the workman, tribunal may stay its operation. Power of stay is attached with the reconsideration of the tribunal and decision within twenty days, otherwise award of the subordinate shall be considered upheld.
Protection of certain persons u/s 48: Protection to law abiders is provided as against the compulsory participation in illegal strike or other activities. Employer is not allowed to punish such worker by any way. Employer cannot threat workers.
Representation of parties u/s 49: Any person either workman or employer is allowed by law to be represented in industrial dispute. Legal practitioners are not allowed being representatives. Legal practitioner can appear before Labour Court or Arbitrator.
An officer of a Collective Bargaining Agent can represent a workman in any proceedings under the Ordinance. A person duly authorized can represent an employer. These officers must not be legal practitioners. Legal practitioners can only represent a party or parties before the Arbitrator or the Labour Court with their permissions.
Recovery of money due from an employer under a settlement or award u/s 51: Any worker may recover any money payable by the employer. But how the recovery is made? This recovery is treated as arrears of Land Revenue and competent Court may require the services of Collector for the recovery of arrears. Court may refer the case to Collector. This term is applicable for both worker and employer.
Performance of functions till Collective Bargaining Agent ascertained u/s 52: Collective Bargaining Agent is authorized to carry on functions allowed by this law. Butt where Collective Bargaining Agent has not been ascertained, this responsibility can be put to the Trade Union for the time being recognized in the establishment.
Duties of Personnel Manager: Following can be prescribed as his duties:
1. Ensure pick & drop workers:
2. Welfare: Like food, medicine, insurance etc.
3. Payment of legal dues: Within time.
4. Fair hiring:
5. Compliance of service agreements:
6. Retention policy:
7. Other policies and their updation:
8. Training:
9. Increment:
10. Promotion:
11. Final settlement:
12. Evaluation/appraisals:
13. Ensure SHE:
14. Communication:
a) Phone:
b) Fax:
c) Courier:
d) Photostat:
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