Laws For The Labours of Pakistan
Laws For The Labours of Pakistan
Laws For The Labours of Pakistan
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which is delivered by the Hon’ble Courts and has been written for the examination point of
view and i hope that these notes will also be received warmly by the students and may led
to the success in the examination as well as in their profession.
The below-given notes prepared for the students of the LLB. The subject is very technical,
and i have taken every step to ensure that these notes may fulfill the need of the students,
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.
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.
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.
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.
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.
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.
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.
a. Charge Sheet
Charge sheet is the first step of the procedure laid by clause (4) of standing order 15.
c. any other matter or circumstances that is proposed be taken into consideration when
passing final order on the case.
Employer is not required to supply record of inquiry to employee as there is not provision of
law obliging employer to do so.
i. Form of suspension
The order of suspension shall be in writing and take effect immediately on delivery to the
workman.
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.
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.
3. Meaning of Retrenchment
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.
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.
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
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.
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.
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.
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
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.
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
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.
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.
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
Following are the powers and functions of Registrar under PIRA 2010.
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;
iv. for expending the funds of a trade union in contravention of the provisions of its
constitution.
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
(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
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.
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.
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.
a. Pre-requisite
Such punishment of fine can be imposed on defaulter only
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
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.
(ii) The Industry or classes of cases in respect of which each one of them shall exercise
jurisdiction under the ordinance.
(ii) Qualifications
A person to appointed as presiding officer must be either
a. employment or non-employment or
c. conditions of work
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.
i. To Grant Relief
Labour court can grant full and final relief to the aggrieved party.
v. Power to Examiner
Labour court can examine any person on oath.
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.
(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.
The party raising a dispute may make an application to the labour court for adjudication of
the dispute.
(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.
(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.
(a) Generation, Production manufacture or supply of electricity, gas, oil or water to the
public.
(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.
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