Laws For The Labours of Pakistan

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LLB Notes Part 3

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LABOUR LAWS

Lecturer: Mobushar Iqbal Chohan

Advocate High Court


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but there may be some shortcomings or flaws in it, so every suggestion for the
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Q. 1: Inquiry against Worker on Misconduct

1. Preface
Standing order 15 of industrial and commercial employment, ordinance, 1968 provides
punishment for certain acts and omissions which have been declared to be actionable and
termed as misconduct. Four kinds of punishments have been prescribed according to the
degree or severity of the act or omission and made it obligatory on the employer to frame a
Charge-sheet before dismissing the workmen.

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

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

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

4. Acts or Omissions amounts to misconduct


The following acts or omissions shall be treated is misconduct.

Allegations which are not covered by any of 12 Kinds of activities which could be treated as
misconduct specified in SO 14(3) cannot be treated as misconduct.

i. Willful Disobedience
Willful disobedience or insubordination to an lawful and reasonable order a superior would
amount to misconduct word willful means deliberate and intentional act determinable on
the facts and circumstances of each case.
ii. Theft, Fraud or Dishonesty
Theft, fraud or dishonesty in connection with the employer’s business or property.

iii. Willful Damage or loss


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

iv. Immoral Activities


Taking or giving bribes or any illegal gratification.

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

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

vi. Habitual late Attendance


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

vii. Habitual breach of law


Habitual breach of any law applicable to the establishment.

viii. Act subversive of Discipline


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

ix. Habitual Negligence


Negligence is the state of mind of undue indifference towards one’s conduct and its
consequences. It is the breach of duty to take care. Habitual negligence or neglect of work
will amount to misconduct.
x. Acts mentioned in clause
Frequent repletion of the acts and omission referred to in clause (1) e.g making false
statements.

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

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

5. Punishments for Misconduct

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

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

ii. Withholding of increment etc


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

iii. Reduction
He may also be punished by a reduction to a lower post.
iv. Dismissal
A workman may also be punished by way of dismissal from service without payment of any
compensation in lieu of notice.

6. Essential requirements for the punishment of dismissal

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

i. Purpose of Charge sheet


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

ii. Form of Charge Sheet


The charge sheet must be in written form.

iii. Language of Charge Sheet


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

iv. Particulars of Charge Sheet


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

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

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

b. Opportunity of being heard


Workman shall be given an opportunity to explain the circumstances of the alleged
misconduct against him.
c. Holding of inquiry
When eh explanation of the workman in reply to the charge-sheet is not found satisfactory
and the employer intends to proceed further against him, it will be mandatory on the
employer to institute an independent inquiry into the matter before dealing with the
charges against workman.

Employer is not required to supply record of inquiry to employee as there is not provision of
law obliging employer to do so.

i. Assistance of any other workman


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

d. Suspension of workman by employer


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

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

ii. Payment of allowance to the workman


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

iii. Where workman found not Guilty


If the workman is found not guilty he shall deemed to have been on duty during the period
of suspension and shall be entitled to the same wages as he would have received if he had
not been suspended.
f. Approval of employer
It is only the employer who can dismiss the workman and not any officer subordinate to
him. The approval of the employer shall be obtained before dismissing the workman for
service.

7. Failure of comply with provision of order


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

8. Preclude

To conclude, I can say that, the fair progress of industry demands that the workmen should
work property and in disciplined manner standing order 15 prescribes punishments for the
misconduct on the part of the workman and also safeguards the interests of workman
against arbitrary dismissal from the service.
Q. 2: Employer’s Liability to pay Compensation

1. Preface
The growing complexity of industry with the increasing use of machinery and consequent
danger to workman along with the comparative poverty of the workmen themselves
rendered it advisable that they should be protected, as far as possible, from hardship arising
from accidents. The basic object of workmen’s compensation Act, 1923 is to provide for the
payment of certain classes of employers to their workmen of compensation for injury by
accident.

2. Relay Provisions
Following are the Relay provisions of workmen compensation Act, 1923 regarding the
concerned topic

Section 3 and 4.

3. Employer’s Liability for Compensation


Essentials
Following are the essentials to held employer liable under this section

i. Causing of Personal Injury


The must be some personal injury caused to the workmen. By virtue of sub-section (2) of
section 3, an occupational disease shall also deem to be an injury if it specified either in Part
A of schedule III or part B of Schedule III.

a. Disease Mentioned in Part A of Schedule III:


If a workman employed in any employment specified in Part A of schedule III contracts any
occupational disease specified therein, the employer shall be liable.
b. Disease Mentioned in Part B of Schedule III.
If a workman employed in any employment for a continuous period of not less than six
months specified in Part B of Schedule III, and the contracts any disease specified therein as
an occupational disease, the employer shall be liable.

ii. To the workmen


The injury must be caused to someone who is a workman within the meaning of the Act.

iii. Injury by Accident


Injury must be result of an accident. Accident may either mean some particular occurrence
happening at some particular time or it may even mean the cumulative effect of series of
accidents met by an employee in his work.

iv. Arising out of employment


The accident must arise out of the employment, which is to say, the employment must be
distinctive and the approximate cause of the injury.

Expression arising out of employment applies to employment as such to its nature, it


conditions, its obligations and its incidents. A worker by reason of same if brought within
zone of special danger and so injured or killed the broad words “arising out of the
employment would apply.

v. In the course of employment


The accident must take place in the course of employment. It refers to the time and the
injury must occur during the subsistence of employment.

4. Employer’s exemption from liability


Employer shall not be liable to pay compensation to the workman in following cases.

a. Injury not exceeding four days period


Where the injury caused to the workman does not result in the total or partial disablement
for a period exceeding four days.
b. Injury not resulted death and is attributed to workman
Where the injury is not resulting in death and is directly attributed to workmen under
following situations,

i. Under Influence of Drugs etc


If the workman suffers from an injury at the time where the was under the influence of
drink or drugs the employer is not liable.

ii. Willful Disobedience


Where the workmen suffers from an injury by the willful disobedience of an order or rule,
which in for the purpose of securing the safety of workmen, the employer is not liable. The
disobedience must be willful, that is deliberate and intended.

iii. Willful removal of safety devices


where the workman suffers from an injury by the willful removal or disregard of any safety
guard or other device which he knew to have been provided for the purpose of securing the
safety of workmen.

5. Remedies available to the workman


An injured workman has tow alternative remedies

i. Filling of civil Suit


The workman may sue his employer for damages in an ordinary civil court in which case he
forfeits his rights under the workmen’s compensation Act, 1923.

ii. Proceed under workmen’s compensation act


The workmen may proceed under the workmen’s compensation Act, and institute a claim to
compensation in respect of the injury before a commissioner.
6. Amount of compensation

a. Where death Results


Where death results from the injury to a workman in receipt of monthly wages falling with
the limits shown in the first column of schedule IV, which is not more than Rs. 3000, and the
amount shown against such limits in the second column which is Rs. 200,000/-.

b. Where permanent Total Disablement Result


Where permanent total disablement results from injury to a workman in receipt of monthly
wages falling, within the limits shown in the first column of schedule IV, which is not more
than Rs. 3000 and the amount shown against such limit in the third column thereof which is
Rs. 2,00,000.

i. Meaning of Permanent Total Disablement


When a workman is incapacitated permanently from doing all work which he was capable of
performing at the time of accident such disablement is called permanent total disablement
and it also includes total loss of the sight of both eyes or it may result from any combination
of injuries specified in Schedule I where the aggregate percentage as specified therein
amounts to 100% permanent.

c. Where permanent partial Disablement Result


Permanent partial disablement means disablement as reduces the earning capacity in every
employment which he was capable of performing at the time of accident and every injury
specified in schedule I.

i. Injury specified in Schedule I.


Where permanent partial disablement results from the injury specified in schedule I such as
loss or thumb, such percentage of the compensation which would have been payable in the
case of permanent total disablement as it specified therein as being the percentage of the
loss of earning capacity caused by the injury.
ii. Injury not specified in Schedule I
Where permanent partial disablement results from the injury not specified in schedule I,
such percentage of the compensation, payable in the case of permanent total disablement,
as is proportionate to the loss of earning capacity permanently caused by that injury under
this clause, it is open to the commissioner to independently estimate the loss of the earning
capacity of a workman for determining the compensation. Which would be comparably
proportionate to the standard laid down in case of permanent total disablement which is Rs.
200,000.

iv. Where Temporary Disablement Result


Where temporary disablement total or partial results from the injury the workman in
receipt of monthly wages falling within the limits shown in the first column of schedule IV
which is not more than Rs. 3000, shall be entitled to half-monthly payment of the sum
shown in the fourth column payable on the sixteenth day after the expiry of four days
waiting half-monthly payment during the disablement or to a period of five years,
whichever is shorter.

7. Preclude

To conclude, I can say that, the general principle of section 3 and 4 is to protect workers
from fatal accidents and make employers liable for endangering the lives of workers. The
commissioner is a competent authority to deterring the compensation to be awarded to the
workman in accordance with the provisions of the act.
Q. 3: Retrenchment under Industrial and Commercial

1. Preface
It is undeniable right of the management to retain the services of those person sonly who
are really useful and terminate the services of those ones who becomes surplus to the
requirements of the employer. It is called retrenchment and is to be made bona fide and the
workman retrenched has the right of re-employment in preference of others where the
employer proposes to take into his employment any person within a period of one year
from the date of retrenchment.

2. Relay Provisions
Following are the Relay provisions of industrial and commercial employment (standing
orders) ordinance, 1968 regarding the concerned topic.

Standing order 13,14 and 14-A

3. Meaning of Retrenchment

“Retrenchment means the termination of services of a workman by the employer on the


ground of redundancy, i.e, when he becomes surplus to the requirements of the employer."

4. Retrenchment of a workman u/order 13

i. Authority Empowered to Retrench


It is the employer who can retrench the workman.
ii. Rule of Retrenchment
In the retrenchment “Last come first go” rule must be followed where any workman is to be
retrenched and he belongs to a particular category of workmen, the employer shall retrench
the workmen who is the last person employed in that category.

a. Meaning of Category
Word category means category in an establishment. Whole business concerns if one
establishment it will be one unit. Business concern if consisting of various establishments
each will be a separate unit and category would means category of that unit.

iii. Essential for retrenchment


It is necessary that the retrenchment order must be made bona fide. The court should not
interfere until and unless some positive mala fide is proved regarding injury to employee.
The burden of proof is upon party urging mala fide.

5. Re-Employment of Retrenched workmen


The retrenched workmen are entitled to the re-employment where employer proposes to
take into his employ any person within a period of one year from the date of such
retrenchment and it is incumbent upon the employer to follow the following procedure.

i. Notice to Retrenched workman


The employer shall send a notice by registered post to the retrenched workmen belonging
to the category concerned to offer themselves for re-employment and that notice shall be
sent to the last known addresses of the retrenched workmen.

ii. Preference over others


The retrenched workmen shall have preference over others and shall be given re-
employment on the basis of their inter-se seniority.
6. Re-Employment in case workmen retrenched belongs to seasonal
factory
In case of seasonal factory the workman who was retrenched in one season and reports for
duty within ten days of the resumption of work in the factory in the immediately following
season shall be given preference for employment by the employer.

i. Notice
Sending a notice to the retrenched workman in case of seasonal factory in not obligatory on
the employer but he may if he wishes, send a notice by registered post to the last known
address of a workman who was retrenched in one season, require him to report on a day
specified in the notice, not being earlier than 10 days before resumption of work in such
factory.

ii. Report by workman


If such workman reports as required by the employer on a specified day, he shall be given
preference for employment and paid full wages from the day he reports.

7. Re-employment of Retrenched workman engaged in constructions


Industry
Where any workman is retrenched or discharged by a contractor or employer engaged in
the constructions industry due to completion, cessation, discontinuance of work, he shall be
given preference for employment in any other similar work undertaken by the contractor or
employer within a period of one year from the date of such retrenchment or discharge.

i. Where workman Re-employed within one month of Retrenchment


Where a workman is re-employed within one month of his retrenchment or discharge he
shall be deemed to have been in continuous service of the contractor or employer but no
wages shall be paid to him for the period of interruption.

8. Preclude
To conclude, I can say that, the retrenchment is not to be understood in the same sense as
the termination of services of workman on the complete closure of business. Retrenchment
implies a continuous running of the business when the services of only some of the
workmen who become surplus to the requirements of the employer, are terminated. It shall
be incumbent upon the management to retrench only that workman who is the last person
employed in that category where the retrenchment has become necessary and it is the right
of the retrenched workmen to be given preference over the others if the vacancy occurs in
the same category within a period of one year from the date of retrenchment.
Q.4: Compulsory Group Insurance

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

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

Standing order 10-B

3. Object of Order 10-B


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

4. Compulsory Group Insurance


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

i. Essential to claim group Insurance


Claim of group insurance is enforceable only where relationship of employer and employee
subsists and not terminated.
ii. Workman entitled to Insure
Only permanent workmen are entitled to insure.

a. Meaning of Permanent Workman


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

b. Insurance of Risks

The employer shall insure the workmen against the following risks.

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

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

iii. Death or injury arising out of contingencies


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

5. Responsibility of employer

i. Payment of Premium

The employer is responsible for the payment premium in group insurance of workmen.
ii. Administrative Arrangement
The employer is responsible for all administrative arrangements of group insurance whether
carried out by himself or through an insurance company.

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

7. Liability of employer when workmen not insured


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

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

9. Jurisdiction Entertaining Claims of compulsory Group insurance


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

10. Order of commissioner is not Appealable


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

11. Remedy against order of commissioner


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

13. Preclude

To conclude, I can say, that the insurance policy is obtained to ensure payment in respect of
risk covered thereby. By virtue of standing order 10-B, duty is imposed on employer to
insure all his permanent workmen against all four risks set out is S.O. 10-B, and the object is
to provide financial assistance to the workmen or his heirs.
Q. 5: Unfair Labour Practices

1. Preface
The main object of PIRA, 2010 is to regulate the relation of employer and workman and it
provides a complete code of conduct for both of employer and employee and certain acts of
both these parties has been termed as unfair labour practices and made punishable as such.

2. Relay Provisions
Section 31, 32, 33, Industrial relation Act 2010

Section 17, 18, 64, Punjab Industrial Act 2010

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

4. Unfair Labour practices on the part of workman

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

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

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

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

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

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

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

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

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


bearer of trade union.

ii. Such inducement should be by intimidating or conferring or offering to confer any


advantage for such person or any other person

d. Compel or Attempt to compel employer


Essential ingredients of an offence under this clause are

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


accept any demand

ii. Such compulsion or attempt should be done by using intimidation, coercion, pressure,
threat confinement or ouster from a place, dispossession, assault or other methods etc.
e. Compel or Attempt to compel person other than employer
Where there is compulsion or attempt to compel any member of a body bipartite or
tripartite, or of any composition relating to the functioning of the industry or if he is in place
for the benefit of workers, to accept any demand by using intimidation, coercion, pressure,
threat, confinement or ouster form a place dispossession, assault, physical injury or by such
other methods.

f. Illegal Strike or Go-slow


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

(i) Meaning of Go-slow


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

g. Carry arms or weapons


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

h. Interference in secret ballot


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

5. Penalty for Unfair Labour Practices on part of workman


A person who contravenes the provision of sec 18, except clause (d) of sub sec (1), he shall
be liable to fine which may extend to twenty thousand Rs but not less than five thousand Rs.
An office bearer of trade union a workman or person other than a workman who
contravents 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 Rs.

6. Preclude
To conclude, I can say that the freedom of choice and will is the right given by the provisions
of PIRA 2010 so any attempt on the part of the trade union or workman etc has been
discouraged to force any person to do which he is not legally bound to do and such acts on
the part of workmen or trade union has been made punishable.
Q. 6: Powers and Functions under PIRA

1. Preface
The registrar of Trade Unions is an authority which is appointed to perform various
functions with regard to the trade unions, under PIRA 2010. Provisions of section 14 and 15
of PIRA 2010 prescribes the mode of appointment of registrar and his powers and functions.
Section 15 concerns and control registrar of Trade unions alone and not the labour court.

2. Relay Provisions
Sec 4, 5 of Industrial Relation Act 2012

Sect 14, 15 of Punjab Industrial Relation Act 2010

3. Definition and Appointment of Registrar


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

4. Powers and Functions of Registrar

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

a. Registration of Trade Union


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

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

i. for any alleged offence, or

ii. any unfair labour practice or

iii. violation of any provisions of PIRA 2010 or

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

d. Determination of Collective Bargaining Agent


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

e. Power to inspect and investigate


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

f. Other powers and Functions


Registrar can also exercise such powers and functions as may be prescribed by rules.

5. Status of Registrar
By virtue of section 75 of PIRA 2010, a registrar shall be deemed to be public servant within
the meaning of section 21 of P.P.C.
6. Preclude
To conclude, I can say, that the Registrar of Trade Unions enjoys overall and general control
on the Trade unions to the extent that they work in accordance with Punjab Industrial
Relation Act 2010 and its constitution. Otherwise Trade Union are free to pursue their
policies.
Q. 7: Redress of Individual Grievance

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

2. Relay Provisions
Sec 33 of Industrial relation Act 2012

Sec 33 of Punjab Industrial Relation Act 2010

3. Redress of Individual Grievance


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

b. Cases for redress of Grievance


A worker may bring his grievance in respect of any right

(i) Guaranteed to him under PIRA 2010. or

(ii) Guaranteed to him under any other law for the time being force, or
(iii) The violation, non-implementation or breach of which secured to him under any
settlement or award

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

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

b. Mode of giving Notice


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

(i) By the worker himself, or

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

c. Limitation period for such notice


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

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

e. Failure of communication by employer or dissatisfaction of worker


If an employer fails to communicate his decision within 15 days of receiving notice or a
worker is dissatisfied with the decision of an employer, then the worker has the following
two forums to redress his grievance.
(i) Collective Bargaining Agent
The worker or shop steward may take up the matter with his collective bargaining agent for
its proper solution. Collective bargaining agent means the trader union of workmen is the
agent of the workmen in the establishment etc., in the matter of collective bargaining.

(ii) Labour Court


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

a. Limitation Period
The Limitation Period for filing a grievance petition before labour court is two months from
the date of communication of the employer or, if he does not communicate, from the expiry
of the period of 15 days given to employer.

b. Procedure of Labour Court


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

iii. Award of compensation to a workman


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

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


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

a. Pre-requisite
Such punishment of fine can be imposed on defaulter only

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


ii. Is not implemented within the period specified therein and

iii. Workman made a written complaint about it.

5. Joint application to Labour court


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

6. Preclude

To conclude, I can say that the PIRA 2010 safeguards the rights of workman by inserting the
provision of sec. 46, under which a workman could seek redress of his grievance. It is wider
in scope and he can filed grievance petition for the enforcement of right guaranteed by law,
award or settlement.
Q. 8:Powers and Functions of Labour Court

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

2. Relay Provisions
Sec 44, 45, 47 of Industrial Relation Act 2012

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

3. Meaning of Labour Court


Labour Court means a labour court established under section 44.

4. Establishment of Labour court


Labour court is to be established by the provincial Government

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

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

b. Discretion of Provincial Govt.


Provincial Govt. has the discretionary power in respect of establishing labour court and it
may establish as many labour courts as it considers necessary.
c. In case more than one labour court established
Where provincial Govt. establishes more than one labour court, it shall specify in the
notification.

(i) The territorial limits within which or

(ii) The Industry or classes of cases in respect of which each one of them shall exercise
jurisdiction under the ordinance.

5. Constitutement of Labour Court

(i) Number and appointment of members of labour court


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

(ii) Qualifications
A person to appointed as presiding officer must be either

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

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

(c) Is a District judge

6. Functions of Labour Court


Following are the functions of Labour court.

(a) Determination of Industrial Dispute


A labour court shall adjudicate and determine an industrial dispute which has been referred
to or brought before it under this ordinance.
(i) Meaning of Industrial dispute
Industrial dispute means any dispute or difference between employers, and workmen or
between workmen and workmen which is concerned with the

a. employment or non-employment or

b. the terms of employment or

c. conditions of work

(ii) Adjudication on matters relating to settlement


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

a. Meaning of Settlement
Settlement means any agreement arrived at during conciliation proceeding or otherwise if
in writing, singed by parties in the prescribed manner, a copy where of has been sent to the
provincial Govt. the conciliator and such other person as may be prescribed.

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

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

7. Procedure and Powers of Labour court

(a) While trying offences


While trying an offence, a labour court shall follow as nearly as possible summary procedure
as provided under Cr.P.C, and shall have the same powers as are versed in the court of a
magistrate of first class specially empowered u/sec 30 of Cr.P.C.
(b) While adjudicating industrial dispute
For the purpose of adjudicating and determining any industrial dispute, a labour court shall
be deemed to be a civil court and follow the procedure as provided under C.P.C and shall
have the same powers as are vested in such court under C.P.C. Following are the powers of
labour court.

i. To Grant Relief
Labour court can grant full and final relief to the aggrieved party.

ii. To Grant interim Relief


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

Iii. To grant Adjournment


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

iv. To enforce attendance of any Person


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

v. Power to Examiner
Labour court can examine any person on oath.

vi. To compel Production of Documents etc


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

vii. To issue commissions


Labour court has the power to issue commissions for the examination of witnesses or
documents.
viii. Ex-part Proceedings
Labour court has the power to proceeding ex-parte, where the party failed to appear before
it.

ix. to determine Grievance of workmen


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

c. While trying cases of Rights Given under special Acts


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

8. Territorial Jurisdiction of Labour Court


Assumption of jurisdiction by labour court without deciding objection to territorial
jurisdiction was unwarranted unless it had necessary territorial jurisdiction, its order was
bound to be without lawful authority.

9. Exemption from court fee


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

10. Withdrawal of case


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

11. Preclude
To conclude, I can say, that the labour court is a judicial forum to resolve the disputes
between employers and workmen. It has two-fold jurisdiction viz civil and as well as
criminal, nut it is not subordinate to the high court and Article 201 of the constitution of
Pakistan, 1973 does not apply to it. The labour court is left with the owner discretion to
decide what is just and fair in the circumstances of each case, having regard to equity,
fairness and social justice.
Q. 9: Lockout and Strike

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

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

3. Definition of Lockout and Strike


(i) Definition of Lockout u/sec. 2 (xix)
Lockout means the closing of a place or part of place of employment or the suspension of
work wholly or partly by an employer or refusal absolute, or conditional by him to continue
to employ any number f workmen employed by him and that closing, suspension or refusal
must occur either in connection with industrial dispute or for the purpose of compelling
workman employed to accept certain terms and conditions or affecting employment.

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


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

4. Declaration of Lockout and Strike u/sec 40


An employer or workman may declare lockout or strike if the following conditions are
satisfied.
(i) There must be an industrial dispute.

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

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

(iv) There must be 14 days notice by a workman to the employer for strike or the Period of
notice u/sec 36 upon declaration of failure of conciliation proceedings have been made,
whichever is later for the purpose of lockout.

5. Application to Labour Court

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

(i) Time for making an application


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

6. Prohibition of Lockout or Strike


It can be discussed under the following three heads.

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


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

(a) Authority Empowered Prohibit

Such strike or lockout may be prohibited by

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

(ii) Prohibition before the expiry of 30 Days


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

(a) Authority empowered to Prohibit

Such prohibition may be made by

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

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

(iii) Prohibition of Commencement of Lockout or Strike


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

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


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

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


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

(i) Time Limitation for Making


Such award must be made within 30 days from the date on which the dispute was referred
to it but any delay in making an award shall not affect the validity of it.
(ii) Making for Interim Award
The commission or the labour court as the case may be, may make an interim award on any
matter of dispute.

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


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

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


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

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


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

(i-a) Services Provided under schedule I

Following services are provided under schedule I.

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

(b) Any system of public conservancy or sanitation.

(c) Hospitals and ambulance service

(d) Fire fighting service

(e) Any postal, telegraph or telephone service

(f) Railway and airway

(g) Dry Ports

(h) Watch and wards staff and security services maintained in any establishment.
(i-b) Time when Prohibition may be made

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

11. Preclude

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

‫لیکچرار‪ :‬مــبشراقبال‬
‫ایڈووکیٹ ھائی کورٹ‬
‫‪LL.B, LL.M, MSC, Dipl Communication Skills‬‬

‫آفس‪ :‬فاطمہ اینڈ اقبال الء چیمبر الھور‬


‫ایڈریس‪ :‬ھجویری ٹاور بیسمنٹ ‪ 01-B‬چوبرجی‬
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