Updated: Monday January 18, 2010/AlEthnien
Safar 03, 1431/Somavara
Pausa 28, 1931, at 11:23:18 PM
[ AS PASSED
BY THE MAJLIS-E-SHOORA (PARLIAMENT) ]
An
ACT
to
consolidate and rationalize the law relating to formation of trade unions, and
improvement of relations between employers and workman
WHEREAS it is expedient to consolidate and
rationalize the law relating to formation of trade unions, regulation of
relations between employers and workman and the avoidance and settlement of any
differences or disputes arising between them or matters connected therewith and
ancillary thereto;
It is hereby enacted as follows:-
PRELIMINARY
1. Short
title, extent, application and commencement.- (1)
This Act may be called the Industrial Relations Act, 2008.
(2) It extends to the whole of
(3) It shall apply to all persons
employed in any establishment or industry, but shall not apply to any person
employed-
(a) in the Police or any of the Defence
Services of Pakistan or any services or installations exclusively connected
with or incidental to the Armed Forces of Pakistan including an Ordnance
Factory maintained by the Federal Government;
(b) in the administration of the State
other than those employed as workmen by the Railway and Pakistan Post;
(c) as a member of the Security Staff
of the Pakistan International Airlines Corporation, or drawing wages in pay
group, not lower than group V, in the establishment of that Corporation as the
Federal Government may, in the public interest or in the interest of security
of the Airlines, by notification in the official Gazette, specify in this behalf;
(d) by the Pakistan Security Printing
Corporation or the Security Papers Limited;
(e) by an establishment or institution
for the treatment or care of sick, infirm, destitute or mentally unfit persons
excluding those run on commercial basis;
(f) as a member of the Watch and Ward,
Security or Fire Service Staff of an oil refinery, an airport or seaport; and
(g) as a member of the Security or Fire
Service Staff of an establishment engaged in the production, transmission or
distribution of natural gas or liquefied petroleum gas.
(4) It shall come into force at once.
2.
Definitions.- In this Act unless there is anything repugnant in the
subject or context,-
(i) “arbitrator” means a person
appointed as such under section 47;
(ii) “award” means the determination by
a
(iii) “collective bargaining agent” in
relation to an establishment or industry, means the trade union of the workmen
which under section 24, is the agent of workmen in the establishment or, as the
case may be, industry, in the matter of collective bargaining;
(iv) “collective bargaining unit” means
those workers or class of workers of an employer in one or more establishment
falling within the same class of industry whose terms and conditions of
employment are, or could appropriately be, the subject of collective bargaining
together;
(v) “Commission” means the National
Industrial Relations Commission constituted under section 25;
(vi) “conciliation proceedings” means
any proceedings before a conciliator;
(vii) “Conciliator” means,-
(a) in respect of disputes which the
National Industrial Relations Commission is competent to adjudicate and
determine, a person appointed as such under sub-section (2) of section 43; and
(b) in respect of other disputes, a
person appointed as such under sub-section (1) of that section;
(viii) “employer” in relation to an
establishment, means 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-
(a) an heir, successor or assign, as
the case may be, of such person or body as aforesaid;
(b) any person responsible for the
management, supervision and control of the establishment;
(c) in relation to an 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 so appointed, the Head of the department;
(d) 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;
Explanation.- For
the purpose of distinction from the category of “workers” or “workmen”,
officers and employees of a department of the Federal Government or a
Provincial Government or local authority who belong to the superior,
managerial, secretarial, directorial, supervisory or agency staff and who have
been notified for this purpose in the official Gazette shall be deemed to fall
within the category of “employers”; and
(e) 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 thereof;
(ix) “establishment” means any office,
firm, factory, society, undertaking, company, shop, premises or enterprise,
which employs workmen directly or through a contractor for the purpose of
carrying on any business or industry and includes all its departments and
branches, whether situated in the same place or in different places and except
in section 30 includes a collective bargaining unit, if any, constituted by any
establishment or group of establishments;
(x) “executive” means the body, by
whatever name called, to which the management of the affairs of a trade union
is entrusted by its constitution;
(xi) “illegal lock-out” means a
lock-out declared, commenced or continues otherwise than in accordance with the
provisions of this Act;
(xii) “illegal strike” means a strike
declared, commenced or continues otherwise than in accordance with the
provisions of this Act;
(xiii) “industrial dispute” means any
dispute or difference between employers and employers or between employers and
workmen or between workmen and workmen which is connected with the employment
or non-employment or the terms of employment or the conditions of work of any
person, and is not in respect of the enforcement of such right guaranteed or
accrued to him by or under any law other than this Act, or any award or
settlement for the time being in force;
(xiv) “industry” means any business,
trade, manufacture, calling, service, employment
or occupation of producing goods or services for sale excluding those set up
for charitable purposes;
(xv) “inspector” means an inspector
appointed under this Act;
(xvi) “
(xvii) “lock-out” means the closing of
place of employment or part of such place, or the suspension, wholly or partly,
of work by an employer, or refusal, absolute or conditional, by an employer to
continue to employ any number of workmen employed by him, where such closing,
suspension or refusal occurs in connection with an industrial dispute or is
intended for the purpose of compelling workmen employed to accept certain terms
and conditions of or affecting employment;
(xviii) “officer” in relation to a
trade union, means any member of the executive thereof but does not include an
auditor or legal adviser;
(xix) “organization” means any
organization of workers or of employers for furthering and defending the
interests of workers or of employers;
(xx) “prescribed” means prescribed by
rules;
(xxi) “public utility service” means
any of the services specified in the Schedule;
(xxii) “registered trade union” means a
trade union registered under this Act;
(xxiii) “Registrar” means a Registrar
of trade unions appointed under section 14;
(xxiv) “rules” means rules made under
this Act;
(xxv) “settlement” means a settlement
arrived at in the course of a conciliation proceeding, and includes an
agreement between an employer and his workmen arrived at otherwise than in the
course of any conciliation proceedings, where such agreement is in writing, has
been signed by the parties thereto in such manner as may be prescribed and a
copy thereof has been sent to the Provincial Government, the Conciliator and
such other person as may be prescribed;
(xxvi) “strike” means a cessation of
work by a body of persons employed in any establishment acting in combination
or a concerted refusal, or refusal under a common understanding of any number
of persons who are or have been so employed to continue to work or to accept
employment;
(xxvii) “trade union” means any
combination of workmen or employers formed primarily for the purpose of
regulating the relations between workmen and employers, or workmen and workmen
or employers and employers, or for imposing restrictive conditions on the
conduct of any trade or business and includes a federation of two or more trade
unions;
(xxviii)“Tribunal” means a Labour
Appellate Tribunal constituted under section 55; and
(xxix) “worker” and “workman” mean
person not failing within the definition of employer who is employed (including
employment as a supervisor or as an apprentice) in an establishment or industry
for hire or reward either directly or through a contractor whether the terms of
employment express or implied, and, for the purpose of any proceedings under
this Act in relation to an industrial dispute includes a person who has been
dismissed, discharged, retrenched, laid-off or otherwise removed from
employment in connection with or as a consequence of that dispute or whose
dismissal, discharge, retrenchment, lay-off, or removal has led to that dispute
but does not include any person who is employed mainly in managerial or
administrative capacity.
3. Trade
unions and freedom of association.- Subject to the provisions of this Act
and notwithstanding any other law for the time being in force,-
(a) workers, without distinction
whatsoever, shall have the right to establish and, subject to the rules of the
organization concerned, to join international associations of their own choice
without previous authorization:
Provided that no worker shall be
entitled to be a member of more than one trade union at any one time and on
joining another union the earlier membership shall automatically stand
cancelled;
(b) employers, without distinction
whatsoever, shall have the right to establish and, subject only to the rules of
the organization concerned, to join international associations of their own
choice without previous authorization;
(c) every trade union and employers
association shall frame its own constitution and rules to elect its
representatives in full freedom to organize its administration and activities
and to formulate its programmes; and
(d) workers’ and employers’
organizations shall have the right to establish and join federations and
confederations and any such organization, federation or confederation shall
have the right to affiliate with international organizations and confederations
of workers’ and employers’ organizations.
4. Application
for registration.- Any trade union may, under the signature
of its President and the Secretary, apply to the Registrar for registration of
the trade union under this Act.
5. Requirements
for application.- Every application for registration of
Trade Union shall be made to the Registrar and shall be accompanied by-
(a) a statement showing-
(i) the name of the trade union and the
address of its Head Office;
(ii) date of formation of the union;
(iii) the titles, names, ages,
addresses and occupations of the officers of the trade union;
(iv) statement of total paid
membership;
(v) the name of the establishment or
group of establishments, or the industry, as the case may be, to which the
trade union relates along with a statement of the total number of workers
employed therein;
(vi) the names and addresses of the registered
trade unions in the establishment group of establishments or industry, as the
case may be, to which the union relates; and
(vii) in case of a federation of trade
unions, the names, addresses and registration number of member-unions;
(b) three copies of the constitution of
the trade union together with a copy of the resolution by the members of the
trade union adopting such constitution bearing the signature of the Chairman of
the meeting;
(c) a copy of the resolution by the
members of the trade union authorizing its President and the Secretary to apply
for its registration; and
(d) in case of a federation of trade
unions, a copy of the resolution from each of the constituent unions agreeing
to become a member of the federation.
6. Requirements
for registration.- (1) A trade union shall not be entitled
to registration under this Act unless the constitution thereof provide for the
following matters, namely.-
(a) the name and address of the trade
union;
(b) the objects for which the trade
union has been formed;
(c) the purposes for which the general
funds of the union shall be utilized;
(d) the number of persons forming the
executive which shall not exceed the prescribed limit and shall include not
less than seventy-five percent from amongst the workmen actually engaged or
employed in the establishment or establishments or the industry for which the
trade union has been formed;
(e) the conditions under which a member
shall be entitle to any benefit assured by the constitution of the trade union
and under which any fine or forfeiture may be imposed on him;
(f) the maintenance of a list of the
members of the trade union and of adequate facilities for the inspection
thereof by the officers and members of the trade union;
(g) the manner in which the constitution
shall be amended, varied or rescinded;
(h) the safe custody of the funds of
the trade union, its annual audit, the manner of audit and adequate facilities
for inspection of the account books by the officers and members of the trade
union;
(i) the manner in which the trade union
may be dissolved;
(j) the manner of election of officers
by the general body of the trade union and the term, not exceeding two years,
for which an officer may hold office upon his election or re-election;
(k) the procedure for expressing no
confidence in any officer of the trade union; and
(l) the meeting of the executive and of
the general body of the trade union so that the executive shall meet at least
once in every three months and the general body at least once a year.
(2) Without prejudice to the provisions
of sub-section (1), a trade union of workmen shall not be entitled to
registration under this Act -
(a) unless all its members are workmen
actually engaged or employed in the industry with which the trade union is
connected; and
(b) where there are two or more
registered trade unions in the establishment, group of establishments or
industry with which the trade union is connected, unless it has as its members
not less than one-fifth of the total number of workmen employed in such
establishment, group of establishments or industry, as the case may be.
7. Disqualification
for being an officer of a trade union.- Notwithstanding
anything contained in the constitution or rules of a trade union, a person who
has been convicted of offence under section 78 or heinous offence under the
Pakistan Penal Code (Act XLV of 1860) shall be disqualified from being elected
as, or from being, an officer of a trade union.
8. Registered
trade union to maintain register, etc.-Every registered trade
union shall maintain in such form as may be prescribed-
(a) a register of members showing
particulars of subscriptions paid by each member;
(b) an accounts book showing receipts
and expenditure; and
(c) a minute book for recording the
proceedings of meetings.
9. Registration.-
(1) The Registrar, on being satisfied that the trade union
has complied with all the requirements of this Act, shall register the trade
union in a prescribed register and issue a registration certificate in the
prescribed form within a period of fifteen days from the date of receipt of the
application. In case the application is found by the Registrar to be deficient
in a material respect he shall communicate in writing his objections to the
trade union within a period of fifteen days from the receipt of the application
and the trade union shall reply thereto within a period of fifteen days from
the receipt of the objections.
(2) When the objections raised by the
Registrar have been satisfactorily met, the Registrar shall register the trade
union as provided in subsection (1) and issue a certificate of registration in
the prescribed form within three days of the date of the objections having been
so met. In case the objections are not satisfactorily met, the Registrar may
reject the application.
(3) In case the application has been
rejected or the Registrar has delayed disposal of the application beyond the
period of fifteen days provided in sub-section (1) or has not issued a
certificate of registration within a period of three days as provided in
sub-section (2), as the case may be, the trade union may appeal to the Labour
Court who for reasons to be stated in its judgment may pass an order directing
the Registrar to register the trade union and to issue a certificate of
registration or may dismiss the appeal.
(4) Notwithstanding anything
constrained in any other provision of this Act, every alteration made in the
constitution of a registered trade union and every change of its officers shall
be notified by registered post by the trade union to the Registrar within
fifteen days of such change.
(5) The Registrar may refuse to
register such change or alteration if it is in contravention of any of the
provisions of this Act, or if it is in violation of the constitution of the
trade union.
(6) Subject to the provision of
sub-section (5), every inclusion or exclusion of any constituent unit of a
federation of trade unions shall be notified by registered post by the
federation to the Registrar within fifteen days of such inclusion or exclusion.
(7) In case there is a dispute in
relation to the change of officers of a trade union, or any trade union is
aggrieved by the refusal of the Registrar under sub-section (5), any officer or
member of the trade union may apply or appeal to the Labour Court, who shall
within seven days of receipt of the application or appeal, as the case may be,
pass an order either directing the Registrar to register the change or
alteration in the constitution or in the officers of the trade union or may,
for reasons to be recorded in writing, direct the registrar to hold fresh
elections of the union under his supervision.
10. Transfer,
etc., of officer of trade union during pendency of application for
registration.- Save with the prior permission of the
Registrar, no officer of a trade union of workmen shall be transferred,
discharged, dismissed or otherwise punished during the pendency of an
application for registration of the trade union with the Registrar, provided
that the union has notified the names of its officers to be employer in
writing.
11. Certificate
of registration.- The Registrar, on registering a trade
union under section 9, shall issue a certificate of registration in the
prescribed form which shall be conclusive evidence that trade union has been
duly registered under this Act.
12. Cancellation
of registration.- (1) The registration of a trade union
shall be cancelled if the Labour Court so directs upon a complaint in writing
made by the registrar that the trade union has-
(a) contravened or has been registered
in contravention of any of the provisions of this Act or the rules;
(b) contravened any of the provisions
of its constitution; or
(c) made in its constitution any
provision which is inconsistent with this Act or the rules.
(2) Where any person who is disqualified
under section 7 from being elected as, or from being, an officer of a trade
union is elected as an officer of a registered trade union, the registration of
that trade union shall be cancelled if the Labour court, upon a complaint in
writing made in this behalf by the Registrar, so directs.
(3) The registration of a trade union
shall be cancelled by the Registrar if, after holding such inquiry as he deems
fit, he finds that such trade union has dissolved itself or has ceased to
exist.
13. Appeal against
cancellation.- Any trade union aggrieved by an order
passed-
(a) by the Labour Court under
sub-section (1) or sub-section (2) of section 12 may prefer appeal to the
Tribunal within thirty days of the passing of the said order; or
(b) by the Register under sub-section
(3) of section 12 may prefer appeal to the
14. Registrar
of trade unions.- For the purpose of this Act, the
Provincial Government shall, by notification in the official Gazette, appoint
as many persons as it considers necessary to be Registrars of trade unions and,
where it appoints more than one Registrars, shall specify in the notification
the area within which each one of them shall exercise and perform the powers
and functions under this Act.
15. Powers and
functions of Registrar.- The Registrar shall have the following
powers and functions:-
(a) the registration of trade unions
under this Act and the maintenance of a register for the purpose;
(b) to lodge, or authorize any person
to lodge, complaints with the Labour Court or Commission for action, including
prosecution, against trade unions, employers, workers or other persons for any
alleged offence or any unfair labour practice or violation of any provision of
the Act or for expending the funds of a trade union in contravention of the
provisions of its constitution;
(c) the determination of the question
as to which one of the trade unions in an establishment or an industry is
entitled to be certified as the collective bargaining agent in relation to that
establishment or industry;
(d) to inspect the accounts and record
of the registered trade unions, or investigate or hold such inquiry in the
affairs of the trade unions as he deems fit either by himself or through any officer
subordinate to him and to authorize him in writing in this behalf; and
(e) such other powers and function as
may be prescribed.
16. Incorporation
of registered trade union.- (1) Every registered trade union shall
be a body corporate by the name under which it is registered, shall have
perpetual succession and a common seal and the power to contract and to
acquire, hold and dispose of property, both movable and immovable, and shall by
the said name sue or be sued.
(2) The Societies Registration Act, 1860
(XXIV of 1860), the Cooperative Societies Act, 1925 (W.P.Act VII of 1925) and
the Companies Ordinance, 1984 (XLVII of 1984), shall not apply to any
registered trade union and the registration of any trade union under any of
these Acts shall be void.
17. Unfair
labour practices on the part of employers.- (1) No employer or
trade union of employers and no person acting on behalf of either shall-
(a) impose any condition in a contract
of employment seeking to restrain the right of a person who is a party to such
contract to joint a trade union or continue his membership of a trade union;
(b) refuse to employ or refuse to
continue to employ any person on the ground that such person is, or is not a
member or officer of a trade union;
(c) discriminate against any person in
regard to any employment, promotion, condition of employment or working
condition on the ground that such person is, or is not, a member or officer of
a trade union;
(d) dismiss, discharge, remove from
employment or transfer or threaten to dismiss, discharge or remove from
employment or transfer a workman or injure or threaten to injure him in respect
of his employment by reason that the workman.
(a) is or proposes to become, or seeks
to persuade any other person to become, a member or officer of a trade union;
or (b) participate in the promotion, formation or activities of a trade union;
(e) induce any person to refrain from
becoming, or to cease to be a member or officer of a trade union, by conferring
or offering to confer any advantage on, or by procuring or offering to procure
any advantage for such person or any other person;
(f) compel or attempt to compel any
officer of the collective bargaining agent to arrive at a settlement by unsing
intimidation, coercion, pressure, threat, confinement to a place, physical
injury, disconnection of water, power and telephone facilities and such other
methods;
(g) interfere with or in any way
influence the balloting provided for in section 24;
(h) recruit any new workman during the
period of a notice of strick under section 44 or
during the currency of a strike which is not illegal except where the
Conciliator having been satisfied that complete cessation of work is likely to
cause serious damage to the machinery or installation, has permitted temporary
employment of a limited number of workmen in the section where the damage is
likely to occur;
(i) close down the whole of the
establishment in contravention of Standing Order 11-A of the Industrial and
Commercial Employment (Standing Orders) Ordinance, 1968 (W.P. Ord. VI of 1968);
or
(j) Commence, continue, instigate or
incite others to take part in , or expend or supply money or otherwise act in
furtherance or support of, an illegal lockout.
(2) Nothing in sub-section (1) shall be
deemed to preclude an employer from requiring that a person upon his
appointment or promotion to managerial position shall cease to be, and shall be
disqualified from being, a member or officer of a trade union of workmen.
18. Unfair
labour practices on the part of a workmen.- (1) No workmen or
other person or trade union of workmen shall-
(a) persuade a workman to join or
refrain from joining a trade union during working hours;
(b) intimidate any person to become, or
refrain from becoming, or to continue to be, or to cease to be a member or
officer of a trade union;
(c) induce any person to refrain from
becoming, or cease to be a member or officer of a trade union, by intimidating
or conferring or offering to confer any advantage on, or by procuring or
offering to procure any advantage for such person or any other person;
(d) compel or attempt to compel the
employer to accept any demand by using intimidation, coercion, pressure threat,
confinement to, or ouster from, a place, dispossession, assault, physical
injury, disconnection of telephone, water or power facilities or such other
methods; or
(e) commence, continue, instigate or
incite others to take part in, or expend or supply money or otherwise act in
furtherance or support of, an illegal strike or a go-slow.
Explanation.- In clause (e) the
expression ‘go-slow’ means an organized, deliberate and purposeful
slowing down of normal output, or the deterioration of the normal quality of
work by a body of workmen acting in a concerted manner, but does not include
the slowing down of normal output, or the deterioration of the normal quality
of work which is due to mechanical defect, breakdown of machinery, failure or
defect in power supply or in the supply of normal materials and spare parts of
machinery.
(2) It shall be an unfair practice for
a trade union to interfere with a ballot held under section 24 by the exercise
of undue influence, intimidation, impersonation or bribery through its
executive or through any person acting on its behalf.
19. Law of
conspiracy limited in application.- No officer or member of a registered
trade union or a collective bargaining agent as certified by the Registrar
shall be liable to punishment under sub-section (2) of section 120-B of the
Pakistan Penal Code, 1860 (XLV of 1860), in respect of any agreement made
between the members thereof for the purpose of furthering any such object of
the trade union as is specified in its constitution referred to in section 6,
unless the agreement is an agreement to commit an offence, or otherwise
violates any other law for the time being in force.
20. Immunity
from civil suit in certain cases.- (1) No suit or other legal proceedings
shall be maintainable in any civil court against any registered trade union or
a collective bargaining agent or any officer or member thereof in respect of
any action done in contemplation or furtherance of an industrial dispute to
which the trade union is a party on the ground only that such act induces some
other person to break a contract of employment, or that it 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 of his labour as he wills.
(2) A trade union shall not be liable
in any suit or other legal proceedings in any civil court in respect of any
tortuous act done in good faith in contemplation or furtherance of an
industrial dispute by an agent of the trade union if it is proved that such
person acted without the knowledge of, or contrary to express instructions
given by, the executive of the trade union.
21. Enforceability
of agreement.- Notwithstanding anything contained in
any other law for the time being in force, an agreement between the members of
a trade union shall not be void or voidable by reason only that any of the
objects of the agreement are in restraint of trade:
Provided that nothing in this section
shall enable any civil court to entertain any legal proceedings instituted for
the express purpose of enforcing, or recovering damages for the breach of any
agreement concerning the conditions on which any member of a trade union shall
or shall not sell their goods, transact business or work, employ or be
employed.
22. Registration
of federation of trade unions.- (1) Any two or more registered trade
unions may, if their respective general bodies so resolved, constitute a
federation by executing an instrument of federation and apply to the Registrar
for the registration of the federation:
Provided that a trade union of workmen
shall not join a federation which comprises a trade union of employers; nor
shall a trade union of employers join a federation which comprises a trade
union of workmen.
(2) An instrument of federation
referred to in sub-section (1) shall, among other things, provide for the
procedures to be followed by the federated trade unions and the rights and
responsibilities of the federation and the federated trade union.
(3) An application for the registration
of a federation of trade unions shall be signed by the Presidents of all the
trade unions constituting the federation or by the officers of these trade
unions respectively authorized by the trade unions in this behalf and shall be
accompanied by three copies of the instrument of federation referred to in
sub-section (1).
(4) Subject to sub-sections (1), (2)
and (3), the provisions of the Act shall, so far as may be and with the
necessary modifications, apply to a federation of trade unions as they apply to
a trade union.
23. Returns.- (1)
There shall be sent annually to the Registrar, on or before such date as may be
prescribed, a general statement, audited in the prescribed manner, of all
receipts and expenditure of every registered trade union 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 existing on such 31st day of December, as
may be prescribed.
(2) Together with the general statement
there shall be sent to the Registrar a statement showing all changes of
officers made by the trade union during the year to which the general statement
refers, together also with statement of the total paid membership and a copy of
the constitution of the trade union corrected up to the date of the dispatch
thereof to the Registrar.
(3) A copy of every alteration made in
the constitution of a regtistered trade union
and of a resolution of the general body having the effect of a provision of the
constitution, shall be sent to the Registrar within fifteen days of the making
of the alteration or adoption of the resolution.
(4) In case the registered trade union
is member of a federation, the name of the federation shall be given in the
annual statement.
24. Collective
bargaining agent.- (1) Where there is only one registered
trade union in an establishment or a group of establishments, that trade union
shall if it has as its members not less than one-third of the total number of
workmen employed in such establishment or group of establishments, upon an
application made in this behalf be certified by the Registrar in the prescribed
manner to be the collective bargaining agent for such establishment or group.
(2) Where there are more registered
trade unions than one in an establishment or a group of establishments, the
Registrar shall upon an application made in this behalf by one-fifth of the
total number of workmen employed in such establishment or group of
establishments or by the employer or the Government, hold within fifteen days
from the making of the application, a secret ballot to determine as to which
one of such trade unions shall be the collective bargaining agent for the
establishment or group:
Provided that the Registrar may, in the
case of a large establishment having its branches in more than one town, hold
the secret ballot within thirty days from the making of the application:
Provided further that the Registrar
shall not entertain any application under this sub-section in respect of an
establishment or group of establishments, consisting of, or including, a
seasonal factory within the meaning of section 4 of the Factories Act, 1934 (XXV
of 1934), unless such application is made during the month in which the number
of workmen employed in such factory in a year is usually the maximum.
(3) Upon receipt of an application
under sub-section (2), the Registrar shall, by notice in writing call upon
every registered trade union in the establishment or group of establishments to
which the application relates (a) to indicate whether it desires to be a
contestant in the secret ballot to be held for determining the collective
bargaining agent in relation to such establishment or group; and
(b) if it so desires, to submit to him
within the time specified in the notice a list of its members showing, in
respect of each member, his parentage, age, the section or department and the
place in which he is employed, his ticket number and the date of his becoming a
member and if union is a federation of trade unions, a list of its affiliated
trade unions together with a list of members of each such trade union showing
in respect of each such member the said particulars.
(4) Every employer shall-
(a) on being so required by the
Registrar, submit a list of all workmen employed in the establishment excluding
those whose period of employment in the establishment is less than three months
and showing, in respect of each workman, his parentage, age, the section or
department and the place in which he is employed, his ticket number and the
date of his employment in the establishment; and
(b) provide such facilities for
verification of the lists submitted by him and the trade unions as the
Registrar may require:
Provided that, in computing the period
of three months referred to in clause (a) in the case of a workman employed in
a seasonal factory within the meaning of section 4 of the Factories Act, 1934
(XXV of 1934), the period during which he was employed in that factory during
the preceding season shall also be taken into account.
(5) The Registrar shall, after
verification of the lists submitted by the trade unions, prepare a list of
voters in which shall be included the name of every workman whose period of
employment as computed in accordance with sub-section (4), is not less than
three months and who is a member of any of the contesting trade unions and
shall, at least four days prior to the date fixed for the poll, send to each of
the contesting trade unions a certified copy of the list of voters so prepared.
(6) Every workman who is a member of
any of the contesting trade unions and whose name appears in the list of voters
prepared under sub-section (5) shall be entitled to vote at the poll to
determine the collective bargaining agent.
(7) Every employer shall provide all
such facilities in his establishment as may be required by the Registrar for
the conduct of the poll but shall not interfere with, or in any way influence,
the voting.
(8) No person shall canvass for vote
within a radius of fifty metres of the polling
station.
(9) For the purpose of holding secret
ballot to determine the collective bargaining agent, the Registrar shall-
(a) fix the date for the poll and
intimate the same to each of the contesting trade unions and also to every
employer;
(b) on the date fixed for the poll so
placed in the polling station set up for the purpose the ballot boxes which
shall be sealed in the presence of the representatives of the contesting trade
unions as to receive the ballot papers;
(c) conduct the poll at the polling
station at which the representatives of the contesting trade unions shall have
the right to be present;
(d) after the conclusion of the poll
and in the presence of such of the representatives of the contesting trade
unions as may be present, open the ballot boxes and count the votes; and
(e) after the conclusion of the count,
certify the trade union which has received the highest number of votes to be
the collective bargaining agent:
Provided that no trade union shall be
certified to be the collective bargaining agent for an establishment or group
of establishments unless the number of votes received by it is not less than
one-third of the total number of workmen employed in such establishment or
group:
Provided further that, if no trade
union secures such number of votes in the first poll, a second poll shall be
held between the trade unions which secure the two highest numbers of votes in
the first poll and the trade union which secures a majority of the votes cast
at the second poll shall be certified in the prescribed manner to be the
collective bargaining agent:
Provided further that, if the number of
votes secured by two or more trade unions securing the highest number of votes
is equal, further poll hall be held between them until one of them secures a
majority of the votes cast at such further poll.
(10) If no trade union indicates under
clause (a) of sub-section(3) that it desires to be a contestant in the secret
ballot, the Registrar shall certify the trade union which has made the
application under sub-section (2) to be the collective bargaining agent.
(11) where a registered trade union has
been certified under clause (e) of sub-section (9) to be the collective
bargaining agent for an establishment or group of establishments, no
application for the determination of the collective bargaining agent for such
establishment or group shall be entertained within a period of two years from
the date of such certification except where the registration of such
certification except where the registration of such a registered trade union is
cancelled before the expiration of the period.
(12) A collective bargaining agent may,
without prejudice to its own position, implead as a party to any proceedings
under this Act to which it is itself a party or any federation of trade unions
of which it is a member.
(13) The collective bargaining agent in
relation to an establishment or group of establishments shall be entitled to-
(a) undertake collective bargaining
with the employer or employers on matters connected with employment,
non-employment, the term of employment or the conditions of work other than
matters which relate to the enforcement of any right guaranteed or secured to
it or any workman by or under any law, other than this Act, or any award or
settlement;
(b) represent all or any of the workmen
in any proceeding;
(c) give notice of, and declare, a
strike in accordance with the provisions of this Act; and
(d) nominate representatives of workmen
on the Board of Trustees of any welfare institutions or Provident Funds and of
the Workers Participation Fund established under the Companies Profits (Workers
Participation) Act, 1968(XII of 1968).
(14) The Registrar may authorize in
writing an officer to perform all or any of his functions under this section.
25. National
Industrial Relations Commission.- (1) The Federal Government shall
constitute a National Industrial Relations Commission.
(2) The Commission shall consist of not
less than seven members, including the Chairman.
(3) The qualification for appointment
as a member or as the Chairman of the Commission shall be such as may be
determined by the Federal Government.
(4) The Chairman and other members of
the Commission shall be appointed by the Federal Government.
(5) Two of the members shall be
appointed in the prescribed manner to advise the Chairman, one to represent the
employers and the other to represent industry-wise trade unions, federations of
such trade unions and federations at the national level.
(6) The Chairman of the Commission may,
in addition to the representatives of workers appointed to the Commission,
co-opt, in cases where he deems it necessary, from amongst workers belonging to
federations at the national level such representatives of workers as he may
deem fit.
(7) The worker's representative
co-opted under sub-section (6) shall be entitled to such honorarium as the
Federal Government may, on the advice of the Chairman of the Commission,
determine.
(8) The following shall be the
functions of the Commission, namely.—
(a) to promote the formation of trade
unions of workers within the same industry whether in establishments within a
Province or in more than one Province and federations of such trade union;
(b) to promote the formation of
federations at the national level;
(c) to adjudicate and determine a
industrial dispute to which an industry-wise trade union or a federation of
such trade unions is a party and which is not confined to matters of purely
local nature and any other industrial dispute which is, in the opinion of the
Federal Government, of national importance and is referred to it by that
Government;
(d) to register industry-wise trade
unions, federations of such trade unions and federations at the national level;
(e) to determine the collective
bargaining agents amongst industry-wise trade unions, federations of such trade
unions and federations at the national level;
(f) to try offences punishable under-
(i) section 72 other than sub-section
(1) and (6) thereof; and
(ii) any other section, in so far as
they relate to employers or workers in relation to an industry-wise trade
union, a federation of such trade unions, a federation at the national level or
officers of such union or federation;
(g) to deal with cases of unfair labour
practices specified in sections 17 and 18 on the part of employers, workers,
trade unions of either of them or persons acting on behalf of any of them,
whether committed individually or collectively, in the manner laid down under
section 41 or section 50 or in such other way as may be prescribed, and to
take, in such manner as may be prescribed by regulations under section 31,
measures calculated to prevent an employer or workman from committing an unfair
labour practice;
(h) to advise Government, industry-wise
trade unions and federations in respect to the education of workers in the
essentials of trade unionism, including education in respect of their right and
obligations, and to secure the provision of facilities required therefore, and
to apportion the cost thereof between the Provincial and Federal Governments
industry-wise trade unions, federations of such trade unions and federations at
the national level, and the employers, in such manner as may be considered equitable
by the Commission; and
(i) such other powers and functions as
the Federal Government may, by notification in the official Gazette, assign to
it from time to time.
(9) The Commission may, on the
application of a party, or of its own motion-
(a) initiate prosecution, trial or
proceedings, or take action, with regard to any matter relating to its
functions;
(b) withdraw from a
(c) grant such relief as it may deem
fit including interim injunction.
(10) For the purpose of dealing with a
case of unfair labour practice of which the Commission is seized, the
Commission may-
(a) proceed directly with the case;
(b) ask the Registrar within whose
jurisdiction the case has occurred or is likely to occur to enquire into it and
submit a report; or
(c) refer the case to a
(11) The Labour Court to whom the case
is so referred shall enquire into it and, if the case was referred to it for
report, forward its report thereon to the Commission or, if the case was
referred to it for disposal, continue the proceedings and dispose of the case
as if the proceedings had originally commenced before it and grant such relief
as the Commission has the power to grant.
(12) Save as provided in sub-sections
(11) and (13) no Registrar,
(13) Nothing in this section shall be
deemed to exclude the jurisdiction of a
Provided that no Court, including
Labour Court, shall take any action or entertain any application or proceedings
in respect of a case of unfair labour practice which is being dealt with by the
Commission.
Explanation.-In
this section and in the succeeding provisions of this Act, the expressions
“industry-wise trade union” “federation of such trade unions” and
"federation at the national level" refer to a trade union membership
of which extends to establishments in more than one Province and a federation
of trade unions whose membership extends to registered trade unions in more
then one Province.
26. Benches of
the Commission, etc.- (1) The Chairman shall exercise
general superintendence over its affairs.
(2) for the efficient performance of
the functions of the Commission, the Chairman shall constitute-
(a) a Full Bench of the Commission
which shall consist of not less than three members of the Commission; and
(b) as many other Benches of the
Commission consisting of one or more members of the Commission as he may deem
fit.
(3) The Benches shall-
(a) in relation to cases based on
allegations of unfair labour practices brought before the Commission for trial
of offences, or enforcement of, or for redress of individual grievances in
respect of, any right guaranteed or secured to any employer or worker by or
under any law or any award or settlement, perform such functions and exercise
such powers as are performed and exercised by a Labour Court; and
(b) in relation to industry-wise trade
unions, federations of such trade unions, federations at the national level and
cases referred to the Commission, perform such functions and exercise such
powers as are performed and exercised by a Registrar, a Labour Court or a
Tribunal in relation to trade unions and federations of trade unions within a
Province,
and, for this purpose, any reference in
this Act to a "Registrar”, “
Provided that, in the performance of
those functions and in the exercise of those powers, the Benches shall, unless
otherwise provided in this Act, follow the procedure laid down in the
regulations to be made under section 31.
(4) if any member of the Commission is
absent from, or is otherwise unable to attend any sitting of the commission or
of a Bench consisting of more than one members of which he is a member, the
proceedings of the Commission or Bench may continue, and the decision or award
may be given or judgment or sentence may be passed in the absence of such
member, and no act, proceedings, decision, or award of the Commission or Bench
shall be invalid or be called in question merely on the ground of such absence
or of the existence of vacancy in or any defect in the constitution of the
Commission or Bench.
(5) if the members of a Bench differ in
opinion as to the decision to be given on any point,-
(a) the point shall be decided
according to the opinion of the majority, if there is a majority; and
(b) If the members are equally divided,
they shall state, the point on which they differ and the case shall be referred
by them to the Chairman for hearing on such point by one or more of the other
members of the Commission, and such point shall be decided according to the
opinion of the majority of the members of the Commission who have heard the
case, including those who first heard it:
Provided that if, upon any matter
requiring the decision of a Bench which includes the Chairman of the Commission
as one of its members, there is a difference of opinion among its members and
the members so constituting the Bench are equally divided, the opinion of the
Chairman shall prevail and the decision of the Bench hall be expressed in terms
of the views of the chairman.
(6) Any order or decision made, award
given, sentence passed, power exercised, functions performed or proceedings
taken by any Bench of the Commission in accordance with-this Act and the order
constituting the Bench shall be deemed to be the order or decision made, award
given, sentence passed, power exercised, functions performed or proceedings
taken, as the case may be, by the Commission.
Explanation.-
In this section, the expression "The Chairman of the Commission"
includes such member of the Commission to be known as Senior Member as the
Chairman may nominate to perform the functions, and exercise the powers of the
Chairman during his absence.
27. Additional
powers of the Commission.- In addition to powers which the
Commission has under section 26-
(a) the Commission shall have power to
punish any person who obstructs or abuses its process or disobeys any of its
orders or directions, or does anything which tends to prejudice the case of a
party before it, or tends to bring it or any of its members in relation to
proceedings of the Commission into hatred or contempt, or does anything which,
by law, constitutes contempt of Court, with simple imprisonment which may
extend to six months or with fine which may extend to fifty thousand rupees, or
with both and
(b) for the purposes of any
investigation, enquiry or adjudication to be made by the commission under this
Act, the Chairman or any member of the commission may at any time between the
hours of sunrise and sunset, and any other person authorized in writing by the
Chairman or any member of the Commission in this behalf may, after he has given
reasonable notice, enter any building, factory, workshop or other place or
premises whatsoever and inspect the same or any work, machinery, appliance or
article therein or interrogate any person therein in respect of anything
situated therein or any matter relevant to matters before the Commission.
28. Appeals.-(1)
Notwithstanding anything contained in this Act, or in any other law for the
time being in force, any person aggrieved by an award or decision given or a
sentence or order determining and certifying a collective bargaining unit
passed by any Bench of the Commission, other than a Full Bench, may, within
thirty days of such award, decision, sentence or order prefer an appeal to
Commission.
(2) An appeal preferred to the
Commission under sub-section (1) shall be disposed of by the full Bench of the
Commission which shall,-
(a) if the appeal is from an order
determining and certifying a collective bargaining unit, have the power to
confirm, set aside, vary or modify such an order; and
(b) if the appeal relates to any other
matter, have the same power in relation to the appeal as the Labour Court, the
Tribunal or the High Court, as the case may be, would have had if the matter to
which the appeal relates were a matter in relation to which an appeal can be
preferred to the Labour Court, the Tribunal or the High Court.
29. Finality of
order.- No court shall entertain any plea as to the jurisdiction of
the Commission or as the legality or propriety of anything done or purporting
to be done by the commission or any of its Benches, and no order, decision,
judgment or sentence of the Commission shall be called in question in any
manner, whatsoever, in or before any Court or other authority.
30. Determination,
etc., of collective bargaining unit.- (1) Where the Commission, on an
application made in this behalf, by a trade union of Workmen or a federation of
such trade unions, or on a reference made by the Federal Government, after
holding such inquiry as it deems fit, is satisfied that for safeguarding the
interest of the workmen employed in an establishment or group of establishments
belonging to the same employer and the same industry, in relation to collective
bargaining, it is necessary, just and feasible to determine one or more
collective bargaining units of such workmen in such establishment or group, it
may, having regard to the distribution of workers, existing boundaries of the
components of such establishment, or group, facilities of communication,
general convenience, sameness or similarity of economic activity and other
cognate factors,-
(a) determine and certify one or more
collective bargaining units in such establishment or group;
(b) Specify the modifications which, in
consequence of the decision under this section, will take effect in regard to
the registration of the trade unions and federations of trade unions affected
by such decision and certification of collective bargaining agents among such
unions and federations, nomination or election of shop stewards, and workers’
representatives for participation in the management of the factories, if any,
affected by such decision;
(c) specify the date or dates from and
the period, for which all or any of such changes shall take effect:
Provided that the date so specified
shall not be a date falling within the period of two years specified in
sub-section (11) of section 24 in its application to a collective bargaining agent
certified in respect of an establishment or establishments:
Provided further that, after the
receipt of a reference for determination of a collective bargaining unit, the
Commission may stop or prohibit the proceedings to determine collective
bargaining agent under section 24 for any establishment or group of
establishments which is likely to be affected by a decision under this section,
(d) take such measures or issue such
directions to the Registrar as may be necessary to give effect to such
modifications; and
(e) determine and certify a collective
bargaining agent for each such unit in accordance with section 24 in so far as
applicable and with the necessary modifications, if such a unit relates to more
than one province, or direct the Registrar to take such action, if such a unit
relates to only one province.
(2) Where the commission issues any
directions to the Registrar under this section, the Registrar shall comply with
them within such period as the Commission may from time to time determine.
(3) After the certification of a
collective bargaining unit, no trade union shall be registered in respect of
that unit except for the whole of such unit and no certification or proceedings
for determination of collective bargaining agent under section 24 shall take
place for a part of a collective bargaining unit or a group of collective
bargaining units.
(4) an order of the Commission under
this section shall have effect notwithstanding anything to the contrary
contained in this Act.
31. Power to
make regulations.- (1) Subject to the provisions of
this Act, the commission may, with the prior approval of the Federal
Government, make such regulations relating to its procedure and the performance
of its functions as it may deem fit, and the regulations shall have effect
notwithstanding anything inconsistent therewith contained in the
Qanun-e-Shahadat, 1984 (P.O.10 of 1984), the Code of Criminal procedure, 1898
(Act V of 1898), the code of Civil Procedure, 1908 (Act V of 1908) or any other
law for the time being in force.
(2) In particular and without prejudice
to the generality of the foregoing power, such regulations may provide for all
or any of the following matters, namely:-
(a) registration of industry-wise trade
unions, federations of such trade unions and federations at the national level,
and the procedure, for such registration;
(b) determination of collective
bargaining units;
(c) determination of collective
bargaining agent from amongst the industry-wise trade unions, federations of
such trade unions or, as the case may be, federations at the national level,
and the procedure therefore;
(d) procedure, including rules of
evidence, for adjudication of industrial dispute;
(e) procedure, including rules of
evidence, for trial of offences;
(f) procedure for dealing with unfair
labour practices;
(g) superintendence of the Chairman
over the affairs of the Commission;
(h) forms of registers, processes and
returns in respect of matters relating to the functions of the Commission; and
(i) fixing of places and times of its
sitting and deciding whether to sit in public or in private.
32. Check off.-
(1) if a collective
bargaining agent so requests, the employer of the workmen who are members of a
trade union shall deduct from the wages of the workmen such amounts towards
their subscription to the funds of the trade union as may be specified, with
the approval of each individual workman named in the demand statement furnished
by the trade union.
(2) An employer making any deductions
under sub-section (1) shall, within fifteen days of the end of the period for
which the deduction have been made, deposit the entire amount so deducted by
him in the account of the trade union on whose behalf he has made the
deductions.
(3) A collective bargaining agent shall
maintain with a branch of the National Bank of Pakistan or with a Post Office
Savings Bank an account to which shall be credited the entire amount deducted
by the employer under subsection (1) from the wages of the members of the trade
union.
(4) The employer shall provide facilities
to the collective bargaining agent for ascertaining whether deductions from the
wages of its members are being made under sub-section (1).
33. Shop
steward to act as link between labour and management.-
(1) in every establishment in which fifty or more workmen are employed, shop
stewards, from amongst the workmen in a shop, section or department of the
establishment, shall,—
(a) where there is a collective
bargaining agent in the establishment, be nominated by it, or
(b) where there is no collective
bargaining agent in the establishment, be elected at a secret ballot held in
the prescribed manner.
(2) The employer shall provide all such
facilities in his establishment as may be required for the holding of a ballot
under sub-section (1) but shall not interfere with, or in any way influence,
the voting.
(3) A shop steward shall hold office
for a period of one year from the date of his election or nomination as the
case may be.
(4) Any dispute arising out of, or in
connection with, the election of a shop steward shall be referred to the
Registrar whose decision shall be final and binding on all parties to the
dispute.
(5) The shop steward shall act as a
link between the workers and the employer, assist in the improvement of
arrangements for the physical working conditions and production work in the
shop section or department for which he is elected and help workers in the
settlement of their problems either connected with work or with any such
individual grievance of a workman as is referred to in subsection (1) of
section 41.
34. Workers
participation in management.- (1) in every factory employing fifty
persons or more there shall be elected or nominated workers' representatives to
participate to the extent of fifty per cant in the management of the factory:
Provided that there shall be elected or
nominated at least one worker's representative to participate in the management
of such factory:
Provided further that, for the purpose
of determining the number of workers’ representatives in the management of a
factory, fractions equal to, or greater than one half shall be regarded as one
and lesser fractions shall be ignored.
(2) The workers’ representatives shall
be workmen employed in the same factory and shall,-
(a) where there is a collective
bargaining agent in the factory, be nominated by it, or
(b) where there is no collective
bargaining agent in the factory, be elected by simple majority at a secret
ballot by all workmen employed in the factory.
(3) The workers’ representatives shall
hold office for a period of two years from the date of their election or
nomination, as the case may be,
(4) The workers’ representatives shall
participate in all the meetings of the management committee constituted in the
prescribed manner and all matters relating to the management of the factory,
except commercial and financial transaction may be discussed in such meetings.
(5) The management shall not take any
decision in the following matters without the advice in writing of the workers’
representatives, namely:-
(a) framing of services rules and
policy about promotin and discipline of workers;
(b) changing physical working
conditions in the factory;
(c) in-service training of workers;
(d) recreation and welfare of workers;
(e) regulation of daily working hours
and breaks;
(f) preparation of leave schedule; and
(g) matters relating to the order and
conduct of workers within the factory.
(6) The workers’ representatives may on
their own initiative give advice in writing concerning the matters specified in
sub-section (5) and, where they do so, the management shall convene a meeting
within two weeks of the receipt of the advice to discuss its merits with them.
(7) The management shall give reply to
the workers’ representatives within six weeks of the receipt of their advice given
under sub-section (5) or subsection (6) and any such advice shall not be
rejected except by the person holding the highest position in the management of
the factory.
(8) In case the advice of the workers’
representatives is rejected by the management of the factory, the matter may,
within fifteen days of the advice being so rejected, be taken up by the
collective bargaining agent in the Works Council for bilateral negotiations and
thereupon the provisions of section 42 shall apply as they apply to the settlement
of an industrial dispute in relation to which the views of the employer or the
collective bargaining agent have been communicated to the Works Council under
sub-section (1) of that section.
35. Joint
management board.- (1) Every company which owns or
manages a factory, and in every factory which is not so owned or managed, and
which employs fifty persons or more, the management shall, in the prescribed
manner set up a joint management board in which the Workers’ participation
shall be to the extent of thirty per cent.
(2) The employer’s representatives on
the joint management board shall be from amongst the Directors or senior
executives and the workers’ representatives shall be workmen employed in the
factory.
(3) The joint management board shall
look after the following matters, namely:-
(a) improvement in production ,
productivity and efficiency;
(b) fixation of job and piece-rates;
(c) planned regrouping or transfer of
the workers;
(d) laying down the principles of
remuneration and introduction of new remuneration methods; and
(e) provision of minimum facilities for
such of the workers employed through contractors as are not covered by the laws
relating to welfare of workers.
(4) The joint management board may call
for reasonable information about the working of the company or factory from its
management and the management shall supply the information called for.
(5) The joint management board shall
meet at such intervals as may be prescribed.
(6) The workers’ representative shall
hold office for such period as may be prescribed.
(7) In this section,-
(a) “company” has the same meaning as
in the Companies Ordinance, 1984 (XLVII of 1984); and
(b) “ management”
means the employer.
36. Inspector.-
(1) The inspectors appointed under section 10 of the Factories Act, 1934 (XXV
of 1934), and such other persons, not being Conciliators appointed under this
Act, as the Provincial Government may, by notification in the official Gazette
appoint, shall be inspectors for ensuring compliance with the provisions of
section 34 and section, 35 within the local limits assigned to each.
(2) The inspector may-
(a) at all reasonable hours enter on
any premises and make such examination of any register and document relating to
the provisions of section 34 and section 35 and take on the spot or otherwise
such evidence of any person, and exercise such other powers of inspection, as
he may deem necessary for discharging his duty;
(b) call for such information from the
management as he may deem necessary for the discharge of his functions and the
management shall provide the information called for within such period as may
be specified by him; and
(c) make a report in writing to the
Registrar having jurisdiction of any offence punishable under section 37.
(3) Every inspector shall be deemed to
be a public servant within the meaning of section 21 of the Pakistan Penal
Code, 1860 (XLV of 1860).
37. Penalty for
obstructing inspector.- Whoever willfully obstructs an
inspector in the exercise of any power under section 36, or fails to produce on
demand by an inspector any register or other document in his custody relating
to the provisions of section 34 and section 35 or the rules, or conceals or
prevents any worker in a factory from appearing before or being examined by an
inspector, shall be punishable with fine which may extend to fifty thousand
rupees.
38. Penalty for
contravening section 34 or section 35, etc.- (1) Whoever
contravenes the provisions of section 34 or section 35 shall be punishable with
fine which may extend to seventy-five thousand rupees.
39. Works
Council.- (1) In every establishment in which fifty or more workmen
are employed or were employed on any day in the preceding twelve months, the
employer shall constitute, in the prescribed manner, a Works Council consisting
of representatives of the employer and the workmen so however that the number
of the representatives of the workmen is not less than the number of the
representatives of the employer in the Works Council.
(2) In the case of an establishment
where there are one or more trade unions, the collective bargaining agent shall
nominate the representatives of the workmen on such Works Council:
Provided that where there is no
collective bargaining agent, representatives of workmen on Works Council shall
be chosen in the prescribed manner from amongst the workmen engaged in the
establishment for which the Works Council is constituted.
40. Functions
of Works Council.- The functions of Works Council shall
be to promote measures for securing and preserving good relations between an
employer and his workmen and, in particular-
(a) to endeavor to maintain continuous
sympathy and understanding between the employer and the workmen;
(b) To promote settlement of
differences and disputes through bilateral negotiations;
(c) to promote security of employment
for the workmen and conditions of safety, health and job satisfaction in their
work;
(d) to take measures for facilitating
good and harmonious working conditions in the establishment; to provide
educational facilities for children of workmen in secretarial and accounting
procedures and to promote their absorption in these departments of the
establishment; and
(e) to discuss any other matter of
mutual interest with a view to promoting better labour-management relations.
41. Redress of
individual grievances.- (1) A worker may bring his grievance
in respect of any right guaranteed or secured to him by or under any law or any
award or settlement for the time being in force to the notice of his employer
in writing, either himself or through his shop steward or collective bargaining
agent within three months of the day on which the cause of such grievance
arises.
(2) Where a worker himself brings his
grievance to the notice of the employer, the employer shall, within fifteen
days of the grievance being brought to his notice, communicate his decision in
writing to the worker.
(3) Where a worker brings his grievance
to the notice of his employer through his shop steward or collective bargaining
agent, the employer shall, within seven days of the grievance being brought to
his notice, communicate his decision in writing to the shop steward or as the
case may be the collective bargaining agent.
(4) If the employer fails to
communicate a decision within the period specified in sub-section (2) or, as
the case may be sub-section (3), or if the worker is dissatisfied with such
decision, the worker or the shop steward may take the matter to his collective
bargaining agent or the Labour Court or, as the case may be, the collective
bargaining agent may take the matter to the Labour Court, and where the matter
is taken to the Labour Court, it shall give a decision within seven days from
the date of the matter being brought before it as if such matter were an
industrial dispute:
Provided that a worker who desires to
so take the matter to the Labour Court shall do so within a period of two
months from the date of the communication of the employer or, as the case may
be, from the expiry of the period mentioned in sub-section (2), or sub-section
(3), as the case may be.
(5) In adjudicating and determining a
grievance under sub-section (4), the Labour Court shall go into all the facts
of the case and pass such orders as may be just and proper in the circumstances
of the case.
(6) If a decision under sub-section (4)
or an order under sub-section
(5) given by the Labour Court or a
decision of the Tribunal in an appeal against such a decision or order is not
given effect to or complied with within a week or within the period specified
in such order or decision, the defaulter shall be punishable with imprisonment
for a term which may extend to one year, or with fine which may extend to fifty
thousand rupees, or with both.
(7) No person shall be prosecuted under
sub-section (6) except on a complaint in writing-
(a) by the workman if the order or
decision in his favour is not implemented within the period specified therein;
or
(b) by the Labour Court or Tribunal, if
an order or decision thereof is not complied with.
(8) For the purposes of this section,
workers having common grievance arising out of a common cause of action may
make a joint application to the
42. Negotiations
relating to differences and disputes.-(1) If at any time an employer or a
collective bargaining agent finds that an industrial dispute has arisen or is
likely to arise, the employer or, as the case may be, the collective bargaining
agent, may communicate his or its views in writing either to the Works Council
or to the other party so, however, that, where the views are so communicated to
the Works Council, a copy of the communication shall also be sent to the other
party.
(2) On receipt of the communication
under sub-section (1) the Works Council or the party receiving it shall try to
settle the dispute by bilateral negotiations within ten days of receipt of the
communication or within such further period as may be agreed upon by the
parties and, if the parties reach a settlement, a memorandum of settlement
shall be recorded in writing and signed by both the parties and a copy thereof
shall be forwarded to the Conciliator and the authorities mentioned in clause
(xxv) of section 2.
(3) Where a settlement is not reached
between the employer and the collective bargaining agent or, if the views of
the employer or collective bargaining agent have been communicated under
sub-section (1) to the Works Council, there is a failure of bilateral
negotiations in the Works Council, the employer or the collective bargaining
agent may, within seven days from the end of the period referred to in
sub-section (2), serve on the other party to the dispute a notice of lock-out
or strike, as the case may be, in accordance with the provisions of this Act.
43. Conciliator.-
(1) The Provincial Government shall, by notification in the official Gazette,
appoint as many persons as it considers necessary to be Conciliators for the
purposes of this Act and shall specify in the notification the area within
which, or the class of establishments or industries in relation to which, each
one of them shall perform his functions.
(2) The Federal Government may, by
notification in the official Gazette, appoint as many persons as it considers
necessary to act as Conciliators in such disputes as the National Industrial
Relations Commission is competent to adjudicate and determine under this Act.
44. Notice of
strike or lock-out.- The period of a notice of lock-out or
strike given under sub-section (3) of section 42 shall be fourteen days.
45. Conciliation
after notice of strike or lock-out.- Where a party to an industrial
dispute serves a notice of strike or lock-out under section 42, it shall,
simultaneously with the service of such notice, deliver a copy thereof to the
Conciliator who shall proceed to conciliate in the dispute and to the Labour
Court.
46. Proceedings
before Conciliator.- (1) The Conciliator shall, as soon as
possible, call a meeting of the parties to the dispute for the purpose of
bringing about a settlement.
(2) The parties to the dispute shall be
represented before the Conciliator by persons nominated by them and authorized
to negotiate and enter into an agreement binding on the parties:
Provided that if, in the opinion of the
Conciliator, the presence of the employer or any officer of the trade union
connected with the dispute is necessary in a meeting called by him, he shall
give notice in writing requiring the employer or such officer to appear in
person before him at the place, date and time, specified in the notice and it
shall be the duty of the employer or the officer of the trade union to comply
with the notice.
(3) The Conciliator shall perform such
functions in relation to a dispute before him as may be prescribed and may, in
particular, suggest to either party to the dispute such concessions or
modifications in its demand as are in the opinion of the Conciliator likely to
promote an amicable settlement of the dispute.
(4) If a settlement of the dispute or
of any matter in dispute is arrived at in the course of the proceedings before
him, the Conciliator shall send a report thereof to the Provincial Government
together with a memorandum of settlement signed by the parties to the dispute.
(5) If no settlement is arrived at
within the period of the notice of strike or look-out, the conciliation
proceedings may be continued for such further period as may be agreed upon by
the parties.
47. Arbitration.-
(1) If the conciliation fails, the Conciliator shall try to
persuade the parties to agree to refer the dispute to an arbitrator. In case
the parties agree, they shall make a joint request in writing for reference of
the dispute to an arbitrator agreed upon by them.
(2) The arbitrator to whom a dispute is
referred under sub-section (1) may be a person borne on a panel to be
maintained by the Provincial Government or any other person agreed upon by the
parties.
(3) The arbitrator shall give his award
within a period of thirty days from the date on which the dispute is referred
to him under sub-section (1) or such further period as may be agreed upon by
the parties to the dispute.
(4) After he has made an award, the
arbitrator shall forward a copy thereof to the parties and to the Provincial
Government who shall cause it to be published in the official Gazette.
(5) The award of the arbitrator shall
be final and no appeal shall lie against it. It shall be valid for a period not
exceeding two years, as may be fixed by the arbitrator.
48. Strike and
lock-out.- (1) If no settlement is arrived at during the course of
conciliation proceedings and the parties to the dispute do not agree to refer
it to an arbitrator under section 47, the workmen may go on strike or, as the
case may be, the employer may declare a lock-out, on the expiration of the
period of the notice under section 44 or upon a declaration by the Conciliator
that the conciliation proceedings have failed, whichever is the later.
(2) The party raising a dispute may at
any time either before or after the commencement of a strike or lock-out make
an application to the
(3) Where a strike or lock-out lasts
for more than thirty days, the Federal Government, if it relates to a dispute
which the Commission is competent to adjudicate and determine, and the
Provincial Government, if it relates to any other dispute, may by order in
writing, prohibit the strike or lock-out:
Provided that the Federal Government
may, with respect to a strike or lock-out relating to a dispute which the
Commission is competent to a adjudicate and determine and the Provincial
Government, with the previous approval of the Federal Government, may, with
respect to any other strike or lock-out, by order in writing, prohibit a strike
or lock-out at any time before the expiry of thirty days, if it is satisfied
that the continuance of such a strike or lock-out is causing serious hardship
to the community or is prejudicial to the national interest.
(4) In any case in which the Federal
Government or the Provincial Government prohibits a strike or lock-out, it
shall forthwith refer the dispute to the Commission or, as the case may be, the
Labour Court.
(5) The Commission or, as the case may
be, the Labour Court shall, after giving both the parties to the dispute an
opportunity of being heard, make such award as it deems fit as expeditiously as
possible but not exceeding thirty days from the date on which the dispute
referred to it:
Provided that the Commission or, as the
case may be, the
Provided further that any delay by the
Commission or, as the case may be, the
(6) An award of the Commission or, as
the case may be, the
49. Strike or
lock-out in public utility services.- (1) The Federal Government, in the case
of a strike or lock-out relating to-
(a) an industrial dispute of national
importance; or
(b) an industrial dispute in respect of
any of the public utility services, which the Commission is competent to
adjudicate and determine, and the Provincial Government in the case of a strike
or lock-out relating to an industrial dispute in respect of any of the public
utility services which the Commission is not competent to adjudicate and
determine, may, by order in writing, prohibit a strike or lock-out at any time
before or after the commencement of the strike or lock-out.
(2) The provisions of sub-sections (4),
(5) and (6) of section 48 shall also apply to an order made under sub-section
(1) above as they apply to an order made under sub-section (3) of that section.
50. Application
to Labour Court.-Any collective bargaining agent or any
employer may apply to the Labour Court for the enforcement of any right
guaranteed or secured to it or him by or under any law or any award or
settlement.
51. Raising of
industrial dispute by federation.- (1) Notwithstanding anything contained
in this Act, a federation of industry-wise trade unions or federation at the
national level may, if it is a collective bargaining agent raise an industrial
dispute affecting all employers or workers of the establishments represented by
that federation and a decision of the Commission shall be binding on all such
employers and workers.
(2) No collective bargaining agent
shall, at any time when a decision of the Commission in respect of any matter
is effective, be entitled to raise a demand relating to that matter.
52. Labour
Court.- (1) The Provincial Government may, by notification in the
official Gazette, establish as many Labour Courts as it considers necessary
and, where it establishes more than one Labour Court, shall specify in the
notification the territorial limits within which or the industries or classes
of cases in respect of which, each one of them shall exercise jurisdiction
under this Act.
(3) A person shall not be qualified for
appointment as Presiding Officer unless he has been or is, or is a District
Judge or an Additional District Judge:
Provided that the Provincial Government
of Baluchistan may, after consultation with the Federal Government, appoint any
person not so qualified to be the Presiding Officer of a
(a) adjudicate and determine an
industrial dispute which has been referred to, or brought before it under this
Act;
(b) enquire into and adjudicate any
matter relating to the implementation or violation of a settlement which is
referred to it by the Provincial Government;
(c) try offences under this Act and
such other offences under any other law as the Provincial Government may, by
notification in the official Gazette, specify in this behalf; and
(d) exercise and perform such other
powers and functions as are or may be conferred
upon or assigned to it by or under this Act or any other law.
53. Procedure
and powers of Labour Court.- (1) Subject to the provisions of this
Act, while trying an offence a Labour Court shall follow as nearly as possible
summary procedure as prescribed under the Code of Criminal Procedure, 1898 (V
of 1898).
(2) A Labour Court shall, for the
purpose of adjudicating and determining any industrial dispute, be deemed to be
a Civil Court and shall have the same powers as are vested in such Court under
the Code of Civil Procedure,
1908 (Act V of 1908), including the
powers of-
(a) enforcing the attendance of any
person and examining him on oath;
(b) compelling the production of
documents and material objects; and
(c) issuing commissions for the
examination of witnesses or documents.
(3) A Labour Court shall, for the
purpose of trying an offence under this Act or the Industrial and Commercial
Employment (Standing Orders) Ordinance, 1968 (W.P. Ordinance VI of 1968) have
the same powers as are vested in the Court of a Magistrate of the first class
specially empowered under section 30 of the Code of Criminal Procedure, 1898 (V
of 1898).
(4) No court fee shall be payable for
filing, exhibiting or recording any document in, or obtaining any document
from, a
(5) If the parties to a case, at any
time before a final order is passed by the
54. Awards and
decisions of Labour Court.- (1) An award or decision of a Labour
Court shall be given in writing and delivered in open Court and two copies
thereof shall be forwarded, forthwith to the Provincial Government, provided
that if the Federal Government be a party, two copies of the award or decision
shall be forwarded to that Government as well.
(2) The Provincial Government shall,
within a period of one month from the receipt of the copies of the award or
decision, publish it in the official Gazette.
(3) Any party aggrieved by an award
given under sub-section (1) or a decision given under section 41 or section 50
or a sentence passed under clause (c) of sub-section (4) of section 52 may
prefer an appeal to the Labour Appellate Tribunal within thirty days of the
delivery or passing thereof and the decision of the Tribunal in such appeal
shall be final.
(4) Save as otherwise expressly
provided in this Act, all decisions of, and all sentences passed by a
55. Labour
Appellate Tribunal.- (1) The Provincial Government may, by
notification in the official Gazette, constitute as many Tribunals consisting
of one member as it may consider necessary and, where it constitutes more than
one Tribunal, shall specify in the notification the territorial limits within
which or the class of cases in relation to which, each one of them shall
exercise jurisdiction under this Act.
(2) The member of the Tribunal shall be
a person who is or has been a Judge or an Additional Judge of a High Court, and
shall be appointed on such terms and conditions as Government may determine.
(3) The Tribunal may, on appeal,
confirm, set aside, vary or modify the award or decision given under section 41
or section 51 or a sentence passed under clause (c) of sub-section (4) of section
52 and shall exercise all the powers conferred by this Act to the Court, save
as otherwise provided. The decision of the Tribunal shall be delivered as
expeditiously as possible, within a period of sixty days following the filing
of the appeal, provided such decision shall not be rendered invalid by reason
of any delay in its delivery.
(4) The Tribunal may, on its own motion
at any time, call for the record of any case or proceedings under this Act 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.
(5) The Tribunal shall follow such
procedure as may be prescribed.
(6) The Tribunal shall have authority
to punish for contempt of its authority, or that of any
(7) Any person convicted and sentenced
by the Tribunal under subsection
(6) to imprisonment for any period, or
to pay a fine exceeding fifteen thousand rupees, may prefer an appeal to the
High Court.
(8) A Tribunal may, on its own motion
or on the application of a Party, transfer any application or proceeding from a
(9) Notwithstanding anything contained
in sub-section (3) if in an appeal preferred to it against the order of a
Provided that, if such appeal is not
decided within the period aforesaid, the order of the Tribunal shall stand
vacated on the expiration of that period.
56. Settlements
and awards on whom binding.- (1) A settlement arrived at in the
course of a conciliation proceedings, or otherwise between the employer and the
collective bargaining agent or an award of an arbitrator prescribed under
section 47, or an award or decision of a Labour Court delivered under section
54 or the decision of the Tribunal under section 55 shall-
(a) be binding on all parties to the
industrial dispute;
(b) be binding on all other parties
summoned to appear in any proceedings before a
(c) be binding on the heirs, successors
or assignees of the employer in respect of the establishment to which the
industrial dispute relates where an employer is one of the parties to the
dispute; and
(d) where a collective bargaining agent
is one of the parties to the dispute, be binding on all workmen who were
employed in the establishment or industry to which the industrial dispute
relates on the date on which the dispute first arose or who are employed
therein after that date:
Provided that, where a collective
bargaining agent or a trade union performing the functions of a collective
bargaining agent under section 71 exists, the employer shall not enter into a
settlement with any other trade union, and any contravention of this provision
shall be deemed to be an unfair labour practice under section 17.
(2) A settlement arrived at by
agreement between the employer and a trade union otherwise than in the course
of conciliation proceedings shall be binding on the parties to the agreement.
57. Effective
date of settlement, award, etc..- (1) A settlement shall become
effective-(a) if a date is agreed upon by the parties to the dispute to which
it relates, on such date; and
(b) if a date is not so agreed upon, on
the date on which the memorandum of the settlement is signed by the parties.
(2) A settlement shall be binding for
such period as is agreed upon by the parties but not exceeding two years, and
if no such period is agreed upon for a period of one year from the date on
which the memorandum of settlement is signed by the parties to the dispute and
shall continue to be binding on the parties after the expiry of the aforesaid
period until the expiry of two months from the date on which either party
informs the other party in writing of its intention no longer to be bound by
the settlement.
(3) An award given under sub-section
(1) of section 54 shall, unless an appeal against it is preferred to the
Tribunal, become effective on such date and remain effective for such period,
not exceeding two years, as may be specified therein. The Arbitrator, the
Labour Court, or, as the case may be, the Tribunal, shall specify dates from
which the award on various demands shall be effective and the time limit by
which it shall be implemented in each case:
Provided that if, at any time before
the expiry of the said period, any party bound by an award applies to the
Labour Court which made the award for reduction of the said period on the
ground that the circumstances in which the award was made have materially
changed, the Labour Court may, by order made after giving to the other party an
opportunity of being heard, terminate the said period on a date specified in
the order.
(4) A decision of the Tribunal in
appeal under sub-section (3) of section 55 shall be effective from the date of
the award.
(5) Notwithstanding the expiry of the
period for which an award is to be effective under sub-section (3), the award
shall continue to be binding on the parties until the expiry of two months from
the date on which either party informs the other party in writing of its
intention no longer to be bound by the award.
58. Commencement
and conclusion of proceedings.- (1) A conciliation proceeding shall be
deemed to have commenced on the date on which a notice of strike or lock-out is
received by the Conciliator under section 44.
(2) A conciliation proceeding shall be
deemed to have concluded-
(a) where a settlement is arrived at,
on the date on which a memorandum of settlement is signed by the parties to the
dispute; and
(b) where no settlement is arrived at –
(i) if the dispute is refereed to an
arbitrator under section 47 on the date on which the arbitrator has given his
award or otherwise; or
(ii) on the date on which the period of
the notice of strike or lock-out expires.
(3) Proceedings before a
(a) in relation to an industrial
dispute, on the date on which an application has been made under section 48 or
section 50, or on the date on which it is referred to the Labour Court by the
Provincial Government under section 48 or section 49; and
(b) in relation to any other matter, on
the date on which it is referred to the
(4) Proceedings before the Commission
in relation to a dispute referred to it under section 48 or section 49 or to a
dispute raised under section 51 shall be deemed to have commenced on the date
on which the reference is made to it or, as the case may be, the dispute is
raised before it.
(5) Proceedings before the Commission
or a
59. Certain
matters to be kept confidential.- There shall not be included in any report,
award or decision under this Act any information obtained by a Registrar,
Conciliator, Labour Court, Arbitrator or Tribunal in the course of any
investigation or inquiry as to a trade union or as to any individual business
(whether carried on by a person, firm or company) which is not available
otherwise than through the evidence given before such authority, if the trade
union, person, firm, or company in question has made a request in writing to
the authority that such information shall be treated as confidential, nor shall
such proceedings disclose any such information without the consent in writing
of the Secretary of the trade union or the person, firm or company in question,
as the case may be:
Provided that nothing contained in this
section shall apply to disclosure of any such information for the purpose of a
prosecution under section 193 of the Pakistan Penal Code (Act XLV of 1860).
60. Raising of
industrial disputes.- No industrial dispute shall be deemed
to exist unless it has been raised in the prescribed manner by a collective
bargaining agent or an employer.
61. Prohibition
of serving notice of strike or lock-out while proceedings pending.- No
notice of strike or lock-out shall be served by any party to an industrial
dispute while any conciliation proceedings or proceedings before an Arbitrator
or a Labour Court or an appeal to the Tribunal under sub-section (3) of section
55 are or is pending in respect of any matter constituting such industrial
dispute.
62. Powers of
(2) When an appeal in respect of any
matter arising out of an industrial dispute is preferred to a Tribunal under
section 55, the Tribunal may, by an order in writing, prohibit continuance of
any strike or lock-out in pursuance of such industrial dispute which had
already commenced and was in existence on the date on which the appeal was
preferred.
63. Illegal
strikes and lock-out.- (1) A strike or lock-out shall be
illegal if-
(a) it is declared, commenced or
continued without giving to the other party to the dispute, in the prescribed
manner, a notice of strike or lock-out or before the date of strike or lock-out
specified in such notice, or in contravention of section 61;
(b) it is declared, commenced or
continued in consequence of an industrial dispute raised in a manner other than
that provided in section 60;
(c) it is continued in contravention of
an order made under section 48, section 49, section 62 or sub-section (3) of
section 64; or
(d) it is declared, commenced or
continued during the period in which a settlement or award is in operation in
respect of any of the matters covered by a settlement or award.
(2) A lock-out declared in consequence
of an illegal strike and a strike declared in consequence of an illegal lockout
shall not be deemed to be illegal.
64. Procedure
in cases of illegal strikes or lock-out.-(1) Notwithstanding
anything contained in any other provision of this Act or in any other law for
the time being in force, an Officer of the Labour Department not below the rank
of Assistant Director Labour Welfare hereinafter in this section referred to as
the Officer, may make enquiries in such manner as he may deem fit into an
illegal strike or illegal lock-out in a factory and make a report to the Labour
Court.
(2) After completing the enquiry the
Officer shall serve a notice on the employer and the collective bargaining
agent or the registered trade union concerned with the dispute to appear before
the
(3) The
(4) If the employer contravenes the
order of the Labour Court under sub-section (3) and the Court is satisfied that
the continuance of the lock-out is causing serious hardship to the community or
is prejudicial to the national interest, it may issue an order for the
attachment of the factory and for the appointment of an official receiver for
such period as it deems fit, and such period as may be varied from time to
time.
(5) The official receiver shall
exercise the powers of management and may transact business, enter into
contracts, give valid discharge of all moneys received and do or omit to do all
such acts as are necessary for conducting the business of the factory.
(6) The Labour Court may, in appointing
and regularizing the work of an official receiver exercise the powers of a
Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908).
(7) If the workers contravene the order
of the Labour Court under subsection (3), the Court may pass orders of
dismissal against all or any of the striking workers and, notwithstanding
anything to the contrary contained in this Act, if the Court, after holding
such inquiry as it deems fit, records its finding that any registered trade
union has committed or abetted the commission of such contravention, the
finding shall have the effect of cancellation of the registration of such trade
union and debarring all officers of such trade union from holding office in
that or in any other trade union for the un-expired term of their offices and
for the term immediately following:
Provided that the Court may review its
orders if good and sufficient cause is shown by an affected worker within seven
days of such orders of dismissal.
(8) Subject to any rules made by the
Provincial Government in this behalf, the officer may, for the purpose of
enquiry under sub-section (1), within the local limits for which he is
appointed, enter with such assistants, if any, being persons in the service of
Pakistan, as he thinks fit, in a factory, where he has reason to believe an
illegal strike or lock-out to be in progress, and make such examination of the
premises and plant and of any registers maintained therein and take on the spot
or otherwise such evidence of persons and exercise such other powers as he may
deem necessary for carrying out the purposes of this section.
(9) The officer shall have authority to
call any party to such dispute to his office or secure his presence in the
factory and shall also have the power to bind any party to the dispute to
appear before the
(10) Where a party to an illegal strike
or lock-out, on being required or bound under this section to appear before the
officer or the Labour Court, does not so appear, the officer or Labour Court,
as the case may be, may, besides taking such other action as may be admissible
under this Act, proceed exparte.
65. Conditions
of service to remain unchanged while proceedings pending.-(1)
No employer shall, while any conciliation proceedings or proceedings before an
Arbitrator, a Labour Court or Tribunal in respect of an industrial dispute are
pending, alter to the disadvantage of any workman concerned in such dispute,
the conditions of service applicable to him before the commencement of the
conciliation proceedings or of the proceedings before at the Arbitrator, the
Labour Court or Tribunal, as the case may be, nor shall he-
(a) save with the permission of the
Conciliator, while any conciliation proceedings are pending; or
(b) save with the permission of the
Arbitrator, the Labour Court of Tribunal, while any proceedings before the
Arbitrator,
(2) Notwithstanding anything contained
in sub-section (1), an officer of a registered trade union shall not, during
the pendency of any proceedings referred to in sub-section (1), be discharged,
terminated, dismissed or otherwise punished for misconduct, except with the
previous permission of the Labour Court. However, the terms and conditions of
the employment secured by the workers through collective bargaining,
agreements, settlements, awards and decisions of Courts shall continue to be
binding upon the parties until revised for betterment of workers.
66. Removal of
fixed assets.- No employer shall remove any fixed
assets of the establishment during the currency of an illegal lockout or a
strike which is not illegal:
Provided that
67. Protection
of certain persons.- (1) No person refusing to take part or
to continue to take part in any illegal strike or illegal lock-out shall, by
reasons of such refusal, be subject to expulsion from any trade union or to any
fine or penalty or to the deprivation of any right or benefit which he or his
legal representatives would otherwise have been entitled, or be liable to be
placed in any respect, either directly or indirectly, under any disability or
disadvantage as compared with other members of the trade union.
(2) Any contravention of the provisions
of sub-section (1) may be made the subject matter of an industrial dispute, and
nothing in the constitution of a trade union providing the manner in which any
dispute between its executive and members, shall be settled shall apply to any
proceedings for enforcing any right or exemption granted by sub-section (1). In
any such proceeding, the
68. Representation
of parties.- (1) A workman who is a party to an industrial dispute shall
be entitled to be represented in any proceedings under this Act by an officer
of a collective bargaining agent and subject to the provisions of sub-section
(2) and sub-section (3) any employer who is a party to an industrial dispute
shall be entitled to be represented in any such proceedings by a person duly
authorized by him.
(2) No party to an industrial dispute
shall be entitled to be represented by a legal practitioner in any conciliation
proceedings under this Act.
(3) A party to an industrial dispute
may be represented by a legal practitioner in any proceedings before the
69. Interpretation
of settlement and awards.- (1) If any difficulty or doubt arises
as to the interpretation of any provisions of an award or settlement, it shall
be referred to the Tribunal constituted under this Act.
(2) The Tribunal to which a matter is
referred under sub-section (1) shall after giving the parties an opportunity of
being heard, decide the matter, and its decision shall be final and binding on
the parties.
70. Recovery of
money due from an employer under settlement or award.- (1)
Any money due from an employer under a settlement, or under an award or
decision of the Arbitrator, Labour Court or Tribunal may be recovered as
arrears of land revenue or as a public demand if, upon the application of the
person entitled to the money, the Labour Court so directs.
(2) Where any workman is entitled to
receive from the employer any benefit, under a settlement or under an award or
decision of the Arbitrator, Labour Court or Tribunal, which is capable of being
computed in terms of money, the amount at which such benefit shall be computed
may, subject to the rule made under this Act, be determined and recovered as
provided for in sub-section (1) and paid to the workman concerned within a
specified date.
71. Performance
of functions pending ascertainment of collective bargaining agent.- Any
act or function which is by this Act required to be performed by or has been
conferred upon a collective bargaining agent may, until a collective bargaining
agent has been certified under the provisions of this Act, be performed by a
registered trade union which has been recognized by the employer or employers.
72. Penalty for
unfair labour practices.- (1) Whoever contravenes the provisions
of section 10 shall be liable to fine which may extend to twenty thousand
rupees.
(2) Whoever contravenes the provisions
of section 17 shall be liable to fine which may extend to thirty thousand
rupees.
(3) Whoever contravenes the provisions
of section 18, other than those of clause (d) of sub-section (1) thereof, shall
be liable to fine which may extend to twenty thousand rupees.
(4) An officer of a trade union, a
workman or person other than a workman who contravenes or abets the
contravention of the provisions of clause (d) of sub-section (1) of section 18
shall be liable to fine which may extend to thirty thousand rupees.
(5) Where the person accused of an
offence under sub-section (4) is an officer of a trade union, the National
Industrial Relations Commission may, in addition to any other punishment which
it may award to such person under that sub-section, direct that he shall cease
to hold the office of such officer and be disqualified from holding any office
in any trade union during the term immediately following the term in which he
so ceases to hold office.
(6) Whoever contravenes the provisions
of section 66 shall be liable to fine which may extend to fifty thousand
rupees.
(7) Nothing in this Act shall be deemed
to exclude the jurisdiction of a
73. Penalty for
committing breach of settlement.- Whoever commits any breach of any term
of any settlement, award or decision which is binding on him under this Act
shall be punishable-
(a) for the first offence, with fine
which may extend to twenty thousand rupees; and
(b) or each subsequent offence; with
fine which may extend to fifty thousand rupees.
74. Penalty for
failing to implement settlement, etc.- Whoever willfully
fails to implement any term of any settlement, award or decision which it is
his duty under this Act to implement shall be punishable with a fine which may
extend to twenty thousand rupees, and, in the case of continuing failure, with
a further fine which may extend to five thousand rupees for every day after the
first during which the failure continues.
75. Penalty for
false statement, etc.- Whoever willfully makes or causes to be
made in any application or other document submitted under this Act or the rules
made there under, any statement which he knows or has reason to believe to be
false, or willfully neglects or fails to maintain or furnish any list, document
or information he is required to maintain or furnish, under this Act or the
rules made there under shall be punishable with fine which may extend to fifty
thousand rupees.
76. Penalty for
discharging officer of trade union in certain circumstances, etc.- Any
employer who contravenes the provision of section 65 shall be punishable with
fine which may extend to twenty thousand rupees.
77. Penalty for
embezzlement or misappropriation of funds.- Any officer or any
employee of a registered trade union, guilty of embezzlement or
misappropriation of trade union funds, shall be liable to a fine, double the
amount found by the Court to have been embezzled or misappropriated. Upon
realization, the amount of fine may be reimbursed by the Court to the trade
union concerned.
78. Penalty for
other offences.- Whoever contravenes, or fails to comply
with, any of the provisions of this Act shall, if no other penalty is provided
by this Act for such contravention or failure, be punishable with fine which
may extend to five thousand rupees.
79. Offence to
be non-cognizable.- Notwithstanding anything contained in
the Code of Criminal Procedure, 1898 (Act V of 1898) no police officer shall be
competent to arrest without warrant an employer or a worker for an offence
under this Act other than the offence of illegal strike or illegal lock-out
continued in contravention of an order made under sub-section (3) of section
64.
80. Offences by
corporation.- Where the person guilty of any offence under this Act is a
company or other body corporate, every director, manager, secretary or other
officer or agent thereof shall, unless he proves that the offence was committed
without his knowledge or consent or that he exercised all due diligence to
prevent the commission of the offence, be deemed to be guilty of such offence:
Provided that, where a company has
intimated to Government in writing the name of any of its directors resident in
Pakistan whom it has nominated for the purpose of this section and the offence
is committed while such director continues to be so nominated, only such
director shall be so deemed to be guilty of such offence.
81. Trial of
offences.- Save as provided in this Act, no Court other than a
82. Indemnity.-
No suit, prosecution or other legal proceedings shall lie
against any person for anything which is in good faith done or intended to be
done in pursuance of this Act or any rule.
83. Registrar,
etc., to be public servants.- A Registrar, a Conciliator, the
Presiding Officer of a Labour Court, the member of a Tribunal, and the Chairman
and a member of the Commission shall be deemed to be a public servant within
the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).
84. Limitation.-
The provisions of section 5 of the Limitation Act, 1908 (IX
of 1908), shall apply in computing the period within which an application is to
be made, or any other thing is to be done, under this Act.
85. Power to
make rules.- (1) The Federal Government may make rules for carrying out
the purposes of this Act in relation to the Commission.
(2) Except as provided in sub-section
(1), the Provincial Government may, in consultation with the Federal
Government, make rules for carrying out the purposes of this Act.
(3) Rules make under this section may
provide that a contravention thereof shall be punishable with fine which may
extend to five thousand rupees.
86. Transfer of
pending proceedings.- All appeals and applications of any
kind pending in any High Court immediately before the commencement of this Act
shall stand transferred to the Labour Appellate Tribunals from the date of the commencement of this Act and it shall not be
necessary for the Labour Appellate
Tribunals to recall any witness or
record any evidence that may have been recorded.
87. Repeal and
savings.- (1) The Industrial Relations Ordinance 2002 (XCI of 2002),
is hereby repealed.
(2) Notwithstanding the repeal of the
Industrial Relations Ordinance, 2002 (XCI of 2002, hereinafter to be called the
repealed Ordinance, and without prejudice to the provisions of sections 6 and
24 of the General Clauses Act, 1897 (X of 1897)-
(a) every trade union existing
immediately before the commencement of this Act, which was registered under the
repealed Ordinance shall be deemed to be registered under this Act and its
constitution shall continue in force until altered or rescinded;
(b) anything done, rules made,
notification or order issued, officer appointed, Court constituted, notice
given, proceedings commenced or other actions taken under the repealed
Ordinance shall be deemed to have been done, made, issued, appointed, constituted,
given, commenced or taken, as the case may be, under the corresponding
provisions of this Act; and
(c) any document referring to the
repealed Ordinance relating to industrial relations shall be construed as
referring to the corresponding provisions of this Act.
(3) This Act shall, unless repealed
earlier, stand repealed on 30th April,
2010.
88. Former
registration offices, officers, etc., to continue.-(1)
The offices existing at the commencement of this Act for registration of trade
unions shall be continued as if they had been established under this Act.
(2) Any person appointed to any office
under, or by virtue of the provisions of the repealed Ordinance shall be deemed
to have been appointed to that office under or by virtue of this Act.
(3) Any books of accounts, book, paper,
register or document kept under the provisions of the repealed Ordinance
relating to companies shall be deemed to be part of the books of accounts,
book, paper, register or document to be kept under this Act.
89. Removal of
difficulties.- If any difficulty arises in giving
effect to any provisions of this Act, the Federal Government may, by
notification in the official Gazette, make such order, not inconsistent with
the provisions, of this Act, as may appear to it to be necessary for the
purpose of removing the difficulty;
Provided that no such power shall be
exercised after the expiry of two years from the coming into force of this Act.
SCHEDULE
PUBLIC UTILITY SERVICES
[See section 2(xxi)]
1. The generation, production,
manufacture, or supply of electricity, gas, oil or water to the public.
2. Any system of public conservancy or
sanitation.
3. Hospitals and ambulance services.
4. Fire-fighting service.
5. Any postal, telegraph or telephone
service.
6. Railways and Airways.
7. Ports.
8. Watch and Ward Staff and security
services maintained in any establishment.
STATEMENT OF OBJECTS AND REASONS
The repeal of the Industrial Relations
Ordinance, 2002, and enactment of Industrial Relations Act, 2008 is being
placed for approval to give effect inter alia to
the following objects:-
1. to regulate the Government’s vision
on dignity of labour, elimination of animosity and antagonism by fostering a
trustrelationship between employers employee and promoting social dialogue in
the law;
2. to give right of association to the
workers employed in Railways on MOD lines, Pakistan Mint, and in any
institution established for payment of employees’ old-age pensions or for
workers’ welfare.
3. to provide free discretion to the
trade unions to join or not to join any federation or confederation, of their
own choice;
4. to revive the Labour Appellate
Tribunals on persistence demand of trade unions/federation, in order to ensure
speedy disposal of labour disputes;
SYED KHURSHEED AHMAD SHAH
Minister-in-Charge
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