Updated: Monday June 06, 2011/AlEthnien
Rajab 05, 1432/Somavara
Jyaistha 16, 1933, at 11:06:19 PM
The
(Act XIX of 2010)
C O N T E N
T S
Section Heading
1. Short title, extent, application and
commencement
2. Definitions.
3. Trade unions and freedom of association.
4. Application
for registration.
5. Requirements
for application.
6. Requirements
for registration.
7. Disqualification for being an office-bearer of a trade
union.
8. Registered
trade union to maintain register.
9. Registration.
10. Transfer
of office-bearer of trade union during pendency of application for registration.
11. Certificate
of registration.
12. Cancellation of
registration.
13. Appeal against cancellation.
14. Registrar of trade
unions.
15. Powers and functions
of Registrar.
16. Incorporation of registered
trade union.
17. Unfair
labour practices on the part of employers.
18. Unfair
labour practices on the part of workmen.
19. Law
of conspiracy limited in application.
20. Immunity
from civil suit in certain cases.
21. Enforceability
of agreement.
22. Registration
of federation of trade unions and confederation.
23. Returns.
24. Collective bargaining agent.
25. Determination
of collective bargaining unit.
26. Appeals.
27. Check off.
28. Shop steward to act
as link between labour and management.
29. Workers Management
Council.
30. Inspector.
31. Penalty for
obstructing inspector.
32. Penalty for
contravening section 29.
33. Redress
of individual grievances.
34. Negotiations relating
to differences and disputes.
35. Conciliator.
36. Notice of strike or
lock-out.
37. Conciliation after
notice of strike or lock-out.
38. Proceedings before
conciliator.
39. Arbitration.
40. Strike and lock-out.
41. Strike
or lock-out in public utility services.
42. Application
to
43. Raising
of industrial dispute by federation.
45. Procedure
and powers of
46. Awards
and decisions of
47. Labour
Appellate Tribunal.
48. Settlements and awards on whom binding.
49. Effective date of settlement
or award.
50. Commencement and
conclusion of proceedings.
51. Certain matters to be
kept confidential.
52. Raising
of industrial disputes.
53. Prohibition
on serving notice of strike or lock-out while proceedings are pending.
54. Powers of
55. Illegal strike or
lock-out.
56. Procedure in case of
illegal strike or lock-out.
57. Conditions
of service to remain unchanged while proceedings are pending.
58. Removal of fixed assets.
59. Protection of certain persons.
60. Representation of
parties.
61. Interpretation of
settlement and awards.
62. Recovery of money due from an employer under
settlement or award.
63. Performance
of functions pending ascertainment of collective bargaining agent.
64. Penalty
for unfair labour practices.
65. Penalty
for committing breach of settlement.
66. Penalty
for failing to implement settlement.
67. Penalty for false statement.
68. Penalty
for discharging office-bearer of trade union in certain circumstances.
69. Penalty
for embezzlement or misappropriation of funds.
70. Penalty
for other offences.
71. Offence
to be non-cognizable.
72. Offences
by corporation.
73. Trial
of offences.
74. Indemnity.
75. Officers
to be public servants.
76. Limitation.
77. Power
to make rules.
78. Provision of certified copies.
79. Repeal and savings.
80. Transfer
of cases from National Industrial Relations Commission.
81. Removal of difficulties.
82. Repeal.
Schedule
[1][1]The
(Act XIX of
2010)
[9 December 2010]
An Act to regulate
formation of trade unions, regulation and improvement of relations between
employers and workmen.
Preamble.– Whereas it
is expedient to regulate formation of trade unions and trade union activities,
relations between employers and workmen and the avoidance and settlement of any
differences or disputes arising between them and ancillary matters;
It is enacted as
follows:---
1. Short
title, extent, application and commencement.– (1) This Act may be cited as the Punjab Industrial
Relations’ Act, 2010.
(2) It extends to the whole of the
(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
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 or an airport;
(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; and
(h) in
an establishment or institution providing education or emergency services
excluding those run on commercial basis.
(4) It shall come into force at once.
2. Definitions.– In this Act–
(i) “Arbitrator” means a person appointed as an
Arbitrator under the Act;
(ii) “award” means the determination by a
(iii) “collective bargaining agent” in relation to
an establishment or group of establishments or industry, means the trade union
of the workmen which under section 24 is the agent of workmen in the
establishment or group of establishments or 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 establishments
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) “conciliation proceedings” means any
proceedings before a conciliator;
(vi) “conciliator” means a person appointed as
conciliator under section 35;
(vii) “Council” means the Workers Management Council
set up under section 29;
(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 assignee of such person or body;
(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 the
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 the 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 in the
Punjab, 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 having a
common balance sheet and except in section 25 includes a collective bargaining
unit, if any, constituted in 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) “Government” means the Government of the
(xii) “group of establishments” means establishments
belonging to the same employer and the same industry;
(xiii) “illegal lock-out” means a lock-out declared,
commenced or continued otherwise than in accordance with the provisions of the
Act;
(xiv) “illegal strike” means a strike declared,
commenced or continued otherwise than in accordance with the provisions of the
Act;
(xv) “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 the Act, or any award or
settlement for the time being in force;
(xvi) “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;
(xvii) “inspector” means an inspector appointed under
the Act;
(xviii) “
(xix) “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;
(xx) “office-bearer” in relation to a trade union,
means any member of the executive thereof but does not include an auditor or
legal adviser;
(xxi) “organization” means any organization of
workers or of employers for furthering and defending the interests of workers
or of employers;
(xxii) “prescribed” means prescribed by rules;
(xxiii) “public utility service” means any of the
services specified in the Schedule;
(xxiv) “registered trade union” means a trade union
registered under the Act;
(xxv) “Registrar” means a Registrar appointed under
section 14;
(xxvi) “rules” mean the rules made under the Act;
(xxvii) “settlement” means a settlement arrived at in
the course of conciliation proceeding, and includes an agreement between an
employer and his workmen arrived at otherwise than in the course of any
conciliation proceeding, 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 Government, the conciliator and such other person as may be prescribed;
(xxviii) “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;
(xxix) “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 and a
confederation of two or more federations;
(xxx) “Tribunal” means a Labour Appellate Tribunal
constituted under section 47; and
(xxxi) “worker” and “workman” mean a person not
falling 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 be express or implied, and, for the purpose of any proceedings under
the 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:
(i) workers of an establishment, employing not
less than fifty workers, may establish and subject to the rules of the
organization, may join associations of their own choice without previous
authorization;
(ii) a worker shall not be entitled to be a member
of more than one trade unions at any one time and on joining another trade
union, his earlier membership of the other trade union shall stand cancelled;
(iii) employers may establish and, subject to the
rules of the organization, may join associations of their own choice without
previous authorization;
(iv) 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
(v) workers’ or employers’ organizations may
establish and join federations and confederations and any such organization,
federation or confederation may affiliate with international organizations and
confederations of workers’ or employers’ organizations.
4. Application
for registration.– Any trade
union may, under the signatures of its president and 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 trade union;
(iii) the titles, names, ages, addresses and
occupations of the office-bearers of the trade union;
(iv) statement of total paid membership;
(v) the name of the establishment or group of
establishments, or the industry 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 or group of establishments or industry to
which the trade union relates;
(vii) in case of a federation of trade unions, the
names, addresses and registration numbers of member trade unions; and
(viii) in case of a confederation of federations, the
names, addresses and registration numbers of member-federations;
(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;
(d) in
case of a federation of trade unions, a copy of the resolution from each of the
constituent trade union agreeing to become a member of the federation; and
(e) in
case of a confederation of federations, a copy of the resolution from each of
the constituent federation agreeing to become a member of the confederation.
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,---
(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 eighty percent from amongst the workmen
actually engaged or employed in the establishment or group of establishments or
the industry for which the trade union has been formed;
(e) the
conditions under which a member shall be entitled 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 office-bearers 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 office-bearers and members of the trade
union;
(i) the
manner in which the trade union may be dissolved;
(j) the
manner of election of office-bearers by the general body of the trade union and
the term, not exceeding two years, for which an office-bearer may hold office
upon his election or re-election;
(k) the
procedure for expressing no confidence in any office-bearer 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 in a year.
(2) Without prejudice to the provisions of
sub-section (1), a trade union of workmen shall not be entitled to registration
under the Act–
(a) unless
all its members are workmen actually engaged or employed in the establishment
or group of establishments or 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.
7. Disqualification
for being an office-bearer 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 69 or heinous offence under the Pakistan Penal Code
1860 (XLV of 1860) shall be disqualified from being elected as, or from being,
an office-bearer of a trade union.
8. Registered
trade union to maintain register.– 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.
(2) 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.
(3) When
the objections raised by the Registrar have been satisfactorily met, the
Registrar shall register the trade union as provided in sub-section (1) and
issue a certificate of registration in the prescribed form within fifteen days
of the date of the communication of reply of objections.
(4) In case of further delay, the Registrar
may register the applicant trade union provisionally till further orders.
(5) In case the replies to the objections of
the Registrar are not satisfactory, the Registrar may reject the application.
(6) In case the application has been
rejected or the Registrar has delayed disposal of the application beyond the
period of fifteen days provided in the above sub-sections or has not issued a
certificate of registration within such period or has not registered the
applicant trade union provisionally, the trade union may file an appeal in the
Labour Court which may, for reasons
to be stated in its judgment, pass an order directing the Registrar to register
the trade union and to issue a certificate of registration or may dismiss the
appeal.
(7) Notwithstanding anything contained in
any other provision of the Act, every alteration or change made in the
constitution of a registered trade union and every proceedings of election of
its office-bearers or change of its office-bearers or otherwise, the trade
union shall, by registered post, notify to the Registrar within fifteen days of
such election or change for the approval of the Registrar.
(8) The Registrar may refuse to register such election of office-bearers or change
of office-bearers or alteration or change made in the constitution, if it is in
contravention of any of the provisions of the Act, or if it is in violation of
the constitution of the trade union.
(9) Subject to the provision of sub-section
(8), every inclusion or exclusion of any constituent unit of a federation of
trade unions or confederation of federations, the federation or confederation
shall, by registered post, notify to the Registrar within fifteen days of such
inclusion or exclusion.
(10) In
case there is a dispute in relation to the election of the office-bearers or
change of office-bearers or alteration made in the constitution of a trade
union, the Registrar or any trade union aggrieved by the refusal of the
Registrar, any office-bearer or member of the trade union may file an appeal to
the Labour Court, which shall within seven days of the receipt of the appeal,
pass an order either directing the Registrar to register the change or
alteration in the constitution or in the office-bearers of the trade union or
may, for reasons to be recorded in writing, direct the Registrar to hold fresh
elections of the trade union under his supervision.
10. Transfer
of office-bearer of trade union during pendency of
application for registration.–
Save with the prior permission of the Registrar, no office-bearer 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 trade union has notified the names
of its office-bearers to the 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 the Act or the
rules.
(2) Where any person who is disqualified
under section 7 from being elected as, or from being, an office-bearer of a
trade union is elected as an office-bearer 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, by giving reasons for such cancellation in
writing, if, after holding an inquiry, he finds that any trade union–
(a) has
dissolved itself or has ceased to exist; or
(b) has
not been a contestant in a referendum for the determination of a collective
bargaining agent; or
(c) has
not applied for determination of collective bargaining agent under section 24
(2) within two months of its registration as another trade union or from the
commencement of the Act, whichever is earlier, provided there does not already
exist a collective bargaining agent determined under section 24(9)(e) in an
establishment, or group of establishments or industry; or
(d) has
secured less than fifteen percent of polled votes as per final list of voters,
during two consecutive referendums for the determination of collective
bargaining agent.
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
an appeal to the Tribunal within thirty days of the passing of the such order;
or
(b) by
the Registrar under sub-section (3) of section 12 may prefer an appeal to the
14. Registrar
of trade unions.– For the purpose of this Act, the Government shall, by
notification in the official Gazette, appoint as many persons as it considers
necessary to be the Registrars 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 the Act.
15. Powers
and functions of Registrar.– (1) 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 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 group of establishments or an
industry is entitled to be certified as the collective bargaining agent in
relation to that establishment or group of establishments 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 functions as may be prescribed.
(2) The Government may, by general or
special order, authorize a Registrar to exercise the following powers–
(a) registration
of industry-wise trade unions, federations of such trade unions and federations
at the provincial level;
(b) registration
of trade unions within the collective bargaining units;
(c) determination
of collective bargaining agent from amongst the industry-wise trade unions,
federations of such trade unions or federations at the provincial level; and
(d) determination
of collective bargaining agent from amongst the trade unions registered within
a collective bargaining unit.
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 (XXI of 1860), the Cooperative Societies Act,
1925 (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 laws 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 join 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 office-bearer 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 office-bearer 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–
(i) is or proposes to become, or seeks to persuade
any other person to become, a member or office-bearer of a trade union; or
(ii) participates 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
office-bearer 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 office-bearer of the collective bargaining agent to
arrive at a settlement by using 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 strike under section 36 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 (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 lock-out.
(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 office-bearer of a trade union of workmen.
18. Unfair
labour practices on the part of workmen.– (1) No workman 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 office-bearer of a trade union;
(c) induce any person to refrain from becoming, or
cease to be a member or office-bearer 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 office-bearer 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.
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 office-bearer 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.
(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.– (1) Notwithstanding
anything contained in any other law, 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.
(2) 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 his goods, transact business or work, employ or be employed.
22. Registration
of federation of trade unions and confederation.– (1) Any two or more
registered trade unions may, if their respective general bodies so resolve,
constitute a federation by executing an instrument of federation and apply to
the Registrar for the registration of the federation.
(2) Any two or more registered federations
may, if their respective federated trade unions so resolve, constitute a
confederation by executing an instrument of confederation and apply to the
Registrar for the registration of the confederation.
(3) 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.
(4) A federation of trade unions of workmen
shall not join a confederation which comprises a federation of employers; nor
shall a federation of employers join a confederation which comprises a
federation of workmen.
(5) An instrument of federation or
confederation referred to in sub-section (1) and sub-section (2) shall, among
other things, provide for the procedures to be followed by the federated trade
unions and federations, the rights and responsibilities of the federation or
confederation and the federated trade unions or federations.
(6) 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 office-bearers 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).
(7) An
application for the registration of a confederation shall be signed by the
presidents of all the federations constituting the confederation or by the
office-bearers of these federations respectively authorized by the federations
in this behalf and shall be accompanied by three copies of the instrument of
confederation referred to in sub-section (2).
(8) Subject to this section, the provisions
of the Act shall, so far as may be and with the necessary modifications, apply
to a federation of trade unions and to a confederation, as they apply to a
trade union.
23. Returns.–
(1) A registered trade union shall annually send 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 the 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
office-bearers 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 registered 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.
(5) In case the registered federation is
member of a confederation, the name of the confederation 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 or industry, 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, or industry 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 of
establishments or industry.
(2) Where there are more than one registered
trade unions in an establishment or a group of establishments, or industry, the
Registrar shall upon an application made in this behalf by any such trade union
which has as its members not less than one-fifth of the total number of workmen
employed in such establishment or group of establishments or industry 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 of
establishments or industry.
(3) The Registrar may, in the case of a
large establishment having its branches in more than one towns, hold the secret
ballot within thirty days from the making of the application.
(4) The Registrar shall not entertain any
application under sub-section (2) 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.
(5) 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 or
industry 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 or industry; 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.
(6) Every employer shall,---
(a) on
being so required by the Registrar, submit a list of all workmen employed in
the establishment or group of establishments or industry excluding those whose
period of employment in the establishment or group of establishments or
industry 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
or group of establishments or industry; and
(b) provide
such facilities for verification of the lists submitted by him and the trade
unions as the Registrar may require.
(7) In computing the period of three months
referred to in sub-section (6) 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.
(8) 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 (6), 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.
(9) 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 (8) shall be entitled to vote at the poll to
determine the collective bargaining agent.
(10) 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.
(11) No
person shall canvass for vote within a radius of fifty meters of the polling
station.
(12) 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, place ballot
boxes in the polling station set up for the purpose, seal the ballot boxes in
the presence of the representatives of the contesting trade unions;
(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.
(13) A
trade union shall not be certified to be the collective bargaining agent for an
establishment or group of establishments or industry 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 or industry.
(14) If
no trade union secures such number of votes in the first poll, a run-off 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 run-off poll shall be certified in the prescribed manner to
be the collective bargaining agent.
(15) If
the number of votes secured by two or more trade unions securing the highest
number of votes is equal, further poll shall be held between them until one of
them secures a majority of the votes cast at such further poll.
(16) If
no trade union indicates under clause (a) of sub-section (5) 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.
(17) A
trade union shall be certified to be the collective bargaining agent for an
establishment, or group of establishments or industry under sub-section (16)
unless it has as its members not less than one-third of the total number of the
workmen employed in the establishment or group of establishments or industry.
(18) Where
a registered trade union has been certified under clause (e) of sub-section
(12) to be the collective bargaining agent for an establishment or group of
establishments or industry, no application for the determination of the
collective bargaining agent for such establishment or group of establishments
or industry shall be entertained within a period of two years from the date of
such certification except where the registration of such a registered trade
union is cancelled before the expiration of the period.
(19) A
trade union, without prejudice to its own position, may apply for impleadment
as a party to any proceedings under this Act, concerning the federation of
trade unions of which it is a member.
(20) The
collective bargaining agent in relation to an establishment or group of
establishments or industry shall be entitled to–
(a) undertake collective bargaining with the
employer or employers on matters connected with employment, non-employment, the
terms 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 the 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 the 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).
(21) The
Registrar may authorize in writing an officer to perform all or any of his
functions under this section.
25. Determination
of collective bargaining unit.– (1)
Where the Tribunal, on an application made in this behalf, by a trade union or
a federation of trade unions, or an employer or on a reference made by the
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,
shall 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 workers management council of
the establishments, 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 but the date so
specified shall not be a date falling within the period of two years specified
in sub-section (18) of section 24 in its application to a collective bargaining
agent certified in respect of an establishment or group of establishments;
(d) 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; and
(e) take
such measures or issue such directions to a Registrar as may be necessary to
give effect to such modifications.
(2) Where the Tribunal issues any directions
to a Registrar under this section, the Registrar shall comply with them within
such period as the Tribunal 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 Tribunal under this
section shall have effect notwithstanding anything to the contrary contained in
this Act.
26. Appeals.–
(1) Notwithstanding anything contained in this Act or in any other law, any
person aggrieved by an order determining a collective bargaining unit passed by
the Tribunal, may within thirty days of such order prefer an appeal to the
Lahore High Court.
(2) An appeal preferred to the Lahore High
Court under sub-section (1) shall be disposed of by the High Court which shall
have the power to confirm, set aside, vary or modify such an order.
27. 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 deductions 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 the Bank of Punjab
or a Post Office or a Savings Bank, an account to which shall be credited the
entire amount deducted by the employer under sub-section (1) from the wages of
the workmen.
(4) The employer shall provide facilities to
the collective bargaining agent for ascertaining whether deductions from the
wages of the workmen are being made under sub-section (1).
28. 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.
(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 or
nominated 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 sub-section (1) of section 33.
29. Workers
Management Council.– (1) In every establishment employing fifty persons or
more, the management shall set up a Workers Management Council consisting of
not less than six members in which the workers’ participation shall be fifty
percent and the convener of the Council shall be from the management.
(2) The employer’s representative in the council shall be from
amongst the directors or their nominees or senior executives and the workers’
representatives shall be workmen employed in the same establishment and 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 by
simple majority at a secret ballot by all workmen employed in the
establishment.
(3) The workers’ representatives shall hold
office for a period of two years from the date of their election or nomination.
(4) The workers’ representatives shall participate in all the
meetings of the Council and all matters relating to the management of the
establishment, except commercial and financial transaction, may be discussed in
such meetings.
(5) The Council shall function for securing
and preserving good labour management relation and shall look after the
following matters–
(i) improvement in production, productivity and
efficiency;
(ii) fixation of job and piece-rates;
(iii) planned regrouping or transfer of the
workers;
(iv) laying down the principles of remuneration
and introduction of new remuneration methods;
(v) provision of minimum facilities for such of
the workers employed through contractors as are not covered by the laws
relating to welfare of workers;
(vi) endeavor to maintain continuous sympathy and
understanding between the employer and the workmen;
(vii) settlement of differences and disputes
through bilateral negotiations;
(viii) security of employment for the workmen and
conditions of safety, health and job satisfaction in their work;
(ix) measures for facilitating good and harmonious
working conditions in the establishment;
(x) provision of educational facilities for
children of workmen in secretarial and accounting procedures and their
absorption in these departments of the establishment; and
(xi) vocation training within the establishment.
(6) The management shall not take any
decision in the following matters without the advice in writing of the workers’
representatives–
(a) framing
of service rules and policy about promotion and discipline of workers;
(b) changing
physical working conditions in the establishment;
(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 establishment.
(7) The workers’ representatives may, on
their own initiative, give advice in writing concerning the matters specified
in sub-section (6) and, where they do so, the management shall convene a
meeting of the Council within two weeks of the receipt of the advice to discuss
its merits.
(8) The
management shall give reply to the workers’ representatives within six weeks of
the receipt of their advice given under sub-section (6) or sub-section (7) and
any such advice shall not be rejected except by the person holding the highest
position in the management of the establishment.
(9) In
case the advice of the workers’ representatives is rejected by the management
of the establishment, the matter may, within fifteen days of the advice being
so rejected, be taken up by the collective bargaining agent for bilateral
negotiations and thereupon the provisions of section 34 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 Council under sub-section (1) of that section.
(10) The
Council may call for reasonable information about the working of the
establishment from its management and the management shall supply the
information called for by the Council.
(11) The
Council shall meet at such intervals as may be prescribed.
(12) A
collective bargaining agent or workers in relation to an establishment may
lodge a complaint to the Registrar regarding non setting up or improper
functioning of the Council.
30. 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
Government may, by notification in the official Gazette appoint, shall be
inspectors for ensuring compliance with the provisions of section 29 within the
local limits assigned to each inspector.
(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 29 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 the inspector; and
(c) make
a report in writing to the Registrar.
(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).
31. Penalty
for obstructing inspector.– A
person who willfully obstructs an inspector in the exercise of any power
under section 30, or fails to produce on demand by an inspector any register or
other document in his custody relating to the provisions of section 29 or the
rules, or conceals or prevents any worker in an establishment from appearing
before or being examined by an inspector, he shall be punished with fine which
may extend to fifty thousand rupees.
32. Penalty
for contravening section 29.– (1) A person who contravenes the provisions
of section 29, he shall be punished with fine which may extend to seventy-five
thousand rupees.
(2) The
33. 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 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 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 the
collective bargaining agent.
(4) If the employer fails to communicate a
decision within the period specified in sub-section (2) or sub-section (3) or
if the worker is dissatisfied with such decision, the worker or the shop
steward may take the matter to the collective bargaining agent or the
(5) The collective bargaining agent may take
the matter to the
(6) A worker may, within a period of sixty
days from the date of the communication of the employers’ decision or from the
date of the expiry of the period mentioned in sub-section (2) or sub-section
(3), take the matter to the
(7) In adjudicating and determining a
grievance under this section, 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.
(8) Subject
to the decision of the Tribunal, if a decision under this section given by the
Labour Court is not given effect to or complied with within seven days or
within the period specified in the decision, shall be punished with
imprisonment for a term which may extend to three months or with fine which may
extend to five hundred thousand rupees or with both.
(9) A person shall not be prosecuted under
sub-section (8) except on a complaint in writing by the workman if the decision
in his favour is not implemented within the period specified in that
sub-section.
(10) 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
34. 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 the collective bargaining agent, may communicate
his or its views in writing either to the Council or to the other party and if
the views are communicated to the Council, a copy of the views shall also be
sent to the other party.
(2) On
receipt of the communication under sub-section (1), the 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 (xxvii) 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 Council, there is a failure of
bilateral negotiations in the 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 in accordance with the provisions of this Act.
35. Conciliator.– The
Government shall, by notification in the official Gazette, appoint as many
persons as it considers necessary to be the 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.
36. Notice
of strike or lock-out.- The period of a notice of lock-out or strike given
under sub-section (3) of section 34 shall be fourteen days.
37. 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 34, 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 also forward a
copy of the notice to the Labour Court.
38. 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.
(3) If
in the opinion of the conciliator, the presence of the employer or any
office-bearer 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 office-bearer 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
office-bearer of the trade union to comply with the notice.
(4) 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.
(5) 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 Government together with a
memorandum of settlement signed by the parties to the dispute.
(6) If no settlement is arrived at within
the period of the notice of strike or lock-out, the conciliation proceedings
may be continued for such further period as may be agreed upon by the parties.
39. Arbitration.–
(1) If the conciliation fails, the conciliator shall try to persuade the
parties to agree to refer the dispute to an Arbitrator.
(2) In case the parties agree to refer the
dispute to an Arbitrator, they shall appoint an Arbitrator and refer the
dispute to the Arbitrator by agreement in writing.
(3) The Arbitrator to whom a dispute is
referred under sub-section (2) may be a person borne on a panel to be
maintained by the Government or any other person agreed upon by the parties.
(4) 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 (2) or such further period as may be agreed upon by
the parties to the dispute.
(5) After he has made an award, the
Arbitrator shall forward a copy thereof to the parties and to the Government
which shall cause it to be published in the official Gazette.
(6) The award of the Arbitrator shall be
final and no appeal shall lie against it, and it shall be valid for such period
as may be specified in the award but not exceeding two years.
40. 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 39, the workmen may go on strike, the
employer may declare a lock-out, on the expiration of the period of the notice
under section 36 or upon a declaration by the conciliator that the conciliation
proceedings have failed, whichever is 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 Government may, by order in writing, prohibit the
strike or lock-out.
(4) The Government may, 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.
(5) In any case in which the Government
prohibits a strike or lock-out, it shall forthwith refer the dispute to the
(6) 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 was referred to it.
(7) The
(8) Any delay by the
(9) An award of the
41. Strike or lock-out in
public utility services.– (1) The Government in the case of a strike or
lock-out relating to an industrial dispute in respect of any of the public
utility services 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 section 40 shall also
apply to an order made under sub-section (1) as they apply to an order of the
Government made under that section.
42. Application
to Labour Court.– Any collective bargaining agent or any employer may apply
to the Labour Court for the redressal of any grievance or enforcement of any
right guaranteed or secured to it or him by or under any law or any award or
settlement.
43. Raising
of industrial dispute by federation.–
(1) Notwithstanding anything contained in this Act, a federation of
trade unions may, if it is a collective bargaining agent, raise an industrial
dispute affecting all employers or workers of the establishments represented by
that federation before the Tribunal and a decision of the Tribunal shall be
binding on all such employers and workers.
(2) No collective bargaining agent shall, at
any time when a decision of the Tribunal in respect of any matter is effective,
be entitled to raise a demand relating to that matter.
44. Labour
Court.– (1) The 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 a District Judge or
an Additional District Judge.
(a) adjudicate
and determine an industrial dispute which has been referred to, or brought
before it under the Act;
(b) enquire
into and adjudicate any matter relating to the implementation or violation of a
settlement which is referred to it by the Government;
(c) try
offences under the Act and such other offences under any other law as the
Government may, by notification in the official Gazette, specify in this
behalf;
(d) try
offences punishable under section 64;
(e) 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 33 or section 42 or in such
other way;
(f) exercise
and perform such other powers and functions as are or may be conferred upon or
assigned to it by or under the Act or any other law; and
(g) grant
such relief as it may deem fit including an interim relief.
(4) An interim order passed by a
45. 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 (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 the Act or the Industrial and Commercial Employment
(Standing Orders) Ordinance, 1968 (VI of 1968), have the same powers as are
vested in the Court of a Magistrate of the first class 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 a
(5) If the parties to a case, at any time
before a final order is passed by the
46. 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 Government, provided that if the Federal
Government is a party, two copies of the award or decision shall be forwarded
to that Government as well.
(2) The
Government shall, within a period of thirty days from the receipt of the copies
of the award or decision, publish it in the official Gazette.
(3) Any party aggrieved by a final award,
decision or sentence under section 33, section 42 or section 44, except an
interim order, may, within thirty days of the communication of the final award,
decision or sentence, prefer an appeal to the Tribunal, whose decision thereon
shall be final.
(4) Save as otherwise expressly provided in
this Act, all awards, decisions and sentences of a
47. Labour
Appellate Tribunal.– (1) The
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 Tribunals, it 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 the Lahore High Court and shall be appointed on such terms
and conditions as the Government may determine.
(3) The Tribunal may, on appeal, confirm,
set aside, vary or modify the award, decision or sentence given or passed under
section 33, section 42 or section 44 and shall exercise all the powers
conferred by the Act to the Court, save as otherwise provided.
(4) The decision of the Tribunal shall be
delivered as expeditiously as possible, within a period of one hundred and
twenty days following the filing of the appeal, provided that such decision
shall not be rendered invalid by reason of any delay.
(5) The Tribunal may, on its own motion at
any time, call for the record of any case or proceedings under the 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.
(6) No order under sub-section (5) shall be
passed revising or modifying any order adversely affecting any person without
giving such person a reasonable opportunity of being heard.
(7) The Tribunal shall follow such procedure
as may be prescribed.
(8) The
Tribunal may punish for contempt of its authority, or that of any
(9) Any person convicted and sentenced by
the Tribunal under sub-section (8) to imprisonment for any period, or to pay a
fine exceeding fifteen thousand rupees, may, within thirty days, prefer an
appeal to the Lahore High Court.
(10) A
Tribunal may, on its own motion or on the application of a party, transfer any
application or proceeding from a
(11) Notwithstanding
anything contained in sub-section (3), if in an appeal preferred to it against
the order of a
(12) If
an appeal under sub-section (11) is not decided within the period of ninety
days, the interim order of the
Tribunal shall stand vacated on the expiration of that period.
48. 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 39, or an award or
decision of a Labour Court delivered under section 46 or the decision of the
Tribunal under section 47 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.
(2) Where
a collective bargaining agent or a trade union performing the functions of a
collective bargaining agent under section 63 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.
(3) 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.
49. Effective
date of settlement or award.– (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 46 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.
(4) The Arbitrator, the
(5) If at any time before the expiry of the
period mentioned in sub-section (3) or sub-section (4), any party bound by an
award may apply to the Labour Court or the Tribunal for reduction of the said
period on the ground that the circumstances in which the award was made have
materially changed, the Labour Court or the Tribunal may, by order made after
giving to the other party an opportunity of being heard, terminate or reduce
the said period.
(6) A decision of the Tribunal in appeal
under sub-section (3) of section 47 shall be effective from the date of the
award.
(7) Notwithstanding the expiry of the period
for which an award is to be effective under sub-section (3) or sub-section (4),
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.
50. 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 34.
(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 referred to an Arbitrator
under section 39 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 40 or section 42, or on the date on which it is referred to
the Labour Court by the Government under section 40 or section 41; and
(b) in
relation to any other matter, on the date on which it is referred to the
(4) Proceedings before the Tribunal in
relation to a dispute referred to it under section 40 or section 41 shall be
deemed to have commenced on the date on which the reference is made to it.
(5) Proceedings before the Tribunal or a
51. Certain
matters to be kept confidential.– (1)
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.
(2) Nothing contained in sub-section (1)
shall apply to disclosure of any such information for the purpose of a
prosecution under section 193 of the Pakistan Penal Code 1860 (XLV of 1860).
52. 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.
53. Prohibition
on serving notice of strike or lock-out while proceedings are pending.– No notice of strike or lock-out shall be served by any
party to an industrial dispute while any proceeding before a conciliator, an
Arbitrator, a
54. Powers of
Labour Court and Tribunal to prohibit strike.– (1) When a strike or
lock-out in pursuance of an industrial dispute has already commenced and is in
existence at the time when, in respect of such industrial dispute, there is
made to, or is pending before, a Labour Court an application, under section 42,
the Labour Court may, by an order in writing prohibit continuance of the strike
or lock-out.
(2) When an appeal in respect of any matter
arising out of an industrial dispute is preferred to a Tribunal under section
47, 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.
55. Illegal
strike or 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 53;
(b) it
is declared, commenced or continued in consequence of an industrial dispute
raised in a manner other than that provided in section 52;
(c) it
is continued in contravention of an order made under sections 40, 41 or 54 or
sub-section (3) of section 56; 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 lock-out
shall not be deemed to be illegal.
56. Procedure
in case of illegal strike or lock-out.– (1) Notwithstanding anything
contained in any other provision of this Act or in any other law, an officer of the Government, not below the rank
of Assistant Director Labour Welfare, 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 an establishment or group of establishments 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 establishment or group of establishments 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 establishment or group of
establishments.
(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 (V of 1908).
(7) If the workers contravene the order of
the Labour Court under sub-section (3), the Court may pass orders of dismissal
against all or any of the striking workers and notwithstanding anything to the
contrary contained in the 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 office-bearers
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
such terms.
(8) The
(9) Subject
to any rules made by the 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 an establishment or group of establishments,
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.
(10) The
officer may call any party to such dispute to his office or secure his presence
in the establishment or group of establishments and may bind any party to the
dispute to appear before the
(11) 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 may, besides taking such other action as may be
admissible under the Act, proceed ex-parte.
57. Conditions
of service to remain unchanged while proceedings are 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 the Arbitrator, Labour
Court or Tribunal 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,
discharge, dismiss
or otherwise punish any workman except for misconduct not connected with such
dispute.
(2) Notwithstanding anything contained in
sub-section (1), an office-bearer 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.
58. Removal
of fixed assets.– (1) No
employer shall remove any fixed assets of the establishment during the currency
of an illegal lock-out or a strike which is not illegal.
(2) The
59. 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).
(3) In
any such proceeding, the
60. 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
office-bearer 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 the Act.
(3) A party to an industrial dispute may be
represented by a legal practitioner in any proceedings before the
61. 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.
(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.
62. 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 the
Tribunal, which is capable of being computed in terms of money, the amount at
which such benefit shall be computed may, subject to the rules 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.
63. 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 the Act, be performed by a
registered trade union which has been recognized by the employer or employers.
64. Penalty
for unfair labour practices.– (1) A person who contravenes the provisions
of section 10, he shall be liable to fine which may extend to twenty thousand
rupees but not less than five thousand rupees.
(2) A person who contravenes the provisions
of section 17, he shall be liable to fine which may extend to thirty thousand
rupees but not less than ten thousand rupees.
(3) A person who contravenes the provisions
of section 18, other than those of clause (d) of sub-section (1) thereof, he
shall be liable to pay fine which may extend to twenty thousand rupees but not
less than five thousand rupees.
(4) An
office-bearer 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 pay fine which may extend to
thirty thousand rupees but not less than ten thousand rupees.
(5) Where the person accused of an offence
under sub-section (4) is an office-bearer of a trade union, the Labour Court
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 the
trade union 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) A person who contravenes the provisions
of section 58, he shall be liable to pay fine which may extend to fifty
thousand rupees but not less than twenty thousand rupees.
65. Penalty
for committing breach of settlement.– A person who commits any breach of any term of any settlement,
award or decision which is binding on him under this Act, he shall be punished–
(a) for
the first offence, with fine which may extend to twenty thousand rupees; and
(b) for
each subsequent offence; with fine which may extend to fifty thousand rupees.
66. Penalty
for failing to implement settlement.– A person who 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.
67. Penalty for false
statement.– Whoever willfully makes or causes to be made in any application
or other document submitted under this Act or the rules made thereunder, 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 the Act or the rules made there under
shall be punishable with fine which may extend to fifty thousand rupees but not
less than twenty thousand rupees.
68. Penalty
for discharging office-bearer of trade union in certain circumstances.– Any
employer who contravenes the provision of section 57, he shall be punished with
fine which may extend to twenty thousand rupees but not less than five thousand
rupees.
69. Penalty
for embezzlement or misappropriation of funds.– Any office-bearer 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 Labour Court to have been embezzled or misappropriated and
upon realization, the Labour Court may reimburse the amount of fine to the
trade union.
70. Penalty
for other offences.– A person who contravenes, or fails to comply with, any
of the provisions of this Act shall, if no other penalty is provided by the Act
for such contravention or failure, he shall be punished with fine which may
extend to five thousand rupees.
71. Offence
to be non-cognizable.– Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (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 56.
72. Offences
by corporation.– (1) 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;
(2) Where a company has intimated to the
Government in writing the names 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 directors continue to be so nominated, only such directors
shall be deemed to be guilty in terms of sub-section (1).
73. Trial
of offences.– Save as provided in this Act, no Court other than a
74. 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.
75. Officers
to be public servants.– A Registrar, conciliator, presiding officer of a
Labour Court and the member of a Tribunal, shall be deemed to be a public
servant within the meaning of section 21 of the Pakistan Penal Code 1860 (XLV
of 1860).
76. 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.
77. Power
to make rules.– (1) The Government may make rules for carrying out the
purposes of this Act.
(2) The
rules made under this section may provide that a contravention thereof shall be
punishable with fine which may extend to five thousand rupees.
78. Provision of certified copies.– The Tribunal and the
79. Repeal and savings.– (1) Notwithstanding the repeal of the Industrial Relations Act, 2008
(IV of 2008), hereinafter referred to as the repealed Act–
(a) every
trade union registered under the repealed Act shall be deemed to be registered
under this Act;
(b) anything
done, rules made, notification or order issued, officer appointed, Court
constituted, notice given, proceedings commenced or other action taken under
the repealed Act or purportedly
under that Act till the coming into force of the Act, shall be deemed to have
been done, made, issued, appointed, constituted, given, commenced or taken,
under the Act; and
(c) every
reference to the repealed Act shall be construed as reference to the Act.
80. Transfer
of cases from National Industrial Relations Commission.– (1) All the cases
pending before the National Industrial Relations Commission, constituted under
the repealed Industrial Relations Act 2008 (IV of 2008) shall stand transferred
to the Tribunal,
(2) The said National Industrial Relations
Commission shall transfer the record of all the cases and trade unions to the
Tribunal,
(3) The Tribunal,
81. Removal of difficulties.–
If any difficulty arises in giving effect to any provisions of this Act,
the Government may, by notification in the official Gazette, make such order,
not inconsistent with the provisions of the Act, as may appear to it to be
necessary for the purpose of removing the difficulty.
82. Repeal.–
The Punjab Industrial Relations
Ordinance 2010 (II of 2010) is hereby repealed.
Schedule
Public Utility Service
[see section
2(xxiii)]
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 service.
4. Fire-fighting service.
5. Any postal, telegraph or telephone service.
6. Railways and Airways.
7. Dry Ports.
8. Watch and ward staff and security services
maintained in any establishment.
[1][1] This Act was passed by
the Punjab Assembly on 8 December 2010; assented to by the Governor of the
Punjab on 9 December 2010; and published in the Punjab Gazette (Extraordinary),
dated 9 December 2010, pages 1741-67.
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