ACT NO. X of 2012
An Act to consolidate and rationalize the law relating
to formation of trade unions, and improvement of relations between employers
and workmen in the Islamabad Capital Territory and in trans-provincial
establishments and industry
[Gazette of Pakistan, Extraordinary, 14th
March, 2012]
No. F. 23(22)/2012-Legis.—The following Act of Majlis-e-Shoora (Parliament)
received the assent of the President on the 14th March, 2012 and is hereby
published for general information:—
WHEREAS, the
Constitution of the Islamic Republic of Pakistan recognizes the freedom of
association as a fundamental right of the citizens;
AND WHEREAS the
Islamic Republic of Pakistan has ratified ILO Convention No.87 on Freedom of
Association and Convention No.98 on Right to Organize and Collective
Bargaining;
AND WHEREAS it
is expedient to consolidate and rationalize the law in Islamabad Capital
Territory and at trans-provincial level, relating to formation of trade unions
and federations or trade unions, determining the collective bargaining agents,
regulation of relations between employers and workers, the avoidance and
settlement of any differences or disputes arising between them or matters connected
therewith and ancillary thereto;
It is hereby
enacted as follows:---
CHAPTER-I
PRELIMINARY
PRELIMINARY
1. Short title,
extent, application and commencement.—(1)
This Act may be called the Industrial Relations Act, 2012.
(2) Subject to sub-section (3), it extends to
the whole of Pakistan.
(3) It shall apply to all persons employed in
any establishment or industry, in the Islamabad Capital Territory or carrying
on business in more than one province, 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 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;
(c) as a
member of the Security Staff of the Pakistan International Airlines Corporation
or drawing wages in pay group not lower than Group V in the establishment of
that Corporation as the Federal Government may, in the public interest or in
the interest of security of the Airlines, by notification in the official
Gazette, specify in this behalf;
(d) by the
Pakistan Security Printing Corporation or the Security Papers Limited; and (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.
(4) It shall come into force at once.
2.
Definitions.—In this Act,
unless there is anything repugnant in the subject or context,---
(i) “arbitrator”
means a person appointed as such under Section 40;
(ii) “award”
means the determination by the Commission or Arbitrator of any industrial
dispute or any matter relating thereto and includes an interim award;
(iii) “Bench”
and “Full Bench” mean a Bench and Full Bench of the Commission;
(iv) “collective
bargaining agent” in relation to an establishment, group of establishments or
industry, means the trade union of the workmen which under Section 19, is the
agent of workmen in the establishment or, as the case may be, industry, in the
matter of collective bargaining;
(v) “collective
bargaining unit” means those workers or class of workers of an employer in one
or more establishment falling within the same class of industry whose terms and
conditions of employment are, or could appropriately be, the subject of
collective bargaining together;
(vi) “Commission”
means the Industrial Relations Commission constituted under Section 53;
(vii) “conciliation
proceedings” means any proceedings before a conciliator;
(viii) “Conciliator”
means a person appointed as such under Section 36;
(ix) “employer”
in relation to an establishment, means any person or body of persons, whether
incorporated or not, who or which employs workmen in the establishment under a
contract of employment and includes,---
(a) an
heir, successor or assign, as the case may be, of such person or body as
aforesaid;
(b) any
person responsible for the management and control of the establishment;
(c) in
relation to an establishment run by or under the authority of any department of
the Federal 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
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;
(x) “establishment”
means any office, firm, factory, society, undertaking, company, shop or
enterprise, which employs workmen directly or through a contractor for the
purpose of carrying on any business or industry and includes all its
departments and branches in the Islamabad Capital Territory or falling in more
than one province, whether situated in the same place or in different places
and except in Section 62 includes a collective bargaining unit, if any,
constituted by any establishment or group of establishments;
(xi) “executive”
means the body, by whatever name called, to which the management of the affairs
of a trade union is entrusted by its constitution;
(xii) “Government” means the Federal Government;
(xiii) “Group of
establishments” means establishments belonging to the same employer and the
same industry;
(xiv) “illegal
lock-out” means a lock-out declared, commenced or continues otherwise than in
the provisions of this Act;
(xv) “illegal
strike” means a strike declared, commenced or continues otherwise than in
accordance with the provisions of this Act;
(xvi) “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;
(xvii) “industry”
includes any business, trade, calling, employment or occupation for production
of goods or provisions of services in the Islamabad Capital Territory and
falling in more than province, and excluding those set up exclusively for
charitable purposes;
(xviii) “industry-wise
trade union” means a trade union having its membership in more than one
province in a group of establishments owned by one employer;
(xix) “inspector”
means an inspector appointed under this Act;
(xx) “Labour Court” means
a Labour Court
established in a province;
(xxi) “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
to accept certain terms and conditions of or affecting employment;
(xxii) “officer”
in relation to a trade union, means any member of the executive thereof but
does not include an auditor or legal adviser;
(xxiii) “organization”
means any organization of workers or of employers for furthering and defending
the interests of workers or of employers;
(xxiv) “prescribed”
means prescribed by rules;
(xxv) “public
utility service” means any of the services specified in Schedule I;
(xxvi) “registered
trade union” means a trade union registered under this Act;
(xxvii) “Registrar” means a Registrar of trade unions
appointed under Section 4;
(xxviii) “rules” and ‘‘regulations” mean rules and
regulations made under this Act;
(xxix) “settlement”
means a settlement arrived at in the course of a conciliation proceeding, and
includes an agreement between an employer and his workmen where there is no
Collective Bargaining Agent, or Collective Bargaining Agent, as the case may
be, arrived at or in the course of any conciliation proceedings, where such
agreement is in writing, has been signed by the parties thereto in such manner
as may be prescribed and a copy thereof has been sent to the Government, the
Conciliator and such other person as may be prescribed;
(xxx) “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 have been so employed to continue to work or to
accept employment;
(xxxi) “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;
(xxxii) “trans-provincial” means any establishment,
group of establishments, industry, having its branches in more than one
province;
(xxxiii) “worker” and “workman” mean 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 are express or implied, and, for the purpose of any proceedings
under this Act in relation to an industrial dispute includes a person who has
been dismissed, discharged, retrenched, laid off or otherwise removed from
employment in connection with or as a consequence of that dispute or whose
dismissal, discharge, retrenchment, lay-off, or removal has led to that dispute
but does not include any person who is employed mainly in managerial or
administrative capacity.
CHAPTER—II
REGISTRATION OF TRADE UNIONS
REGISTRATION OF TRADE UNIONS
3. Trade
unions and freedom of association.—Subject
to the provisions of this Act and notwithstanding any other law for the time
being in force,---
(a) workers,
without distinction whatsoever, shall have the right to establish and, subject
to the rules of the organization concerned, to join international associations
of their own choice without previous authorization:
Provided
that in the establishment where women are also employed the Trade Union shall
include the women in the executive of the said trade union with the same
proportion in which they are employed in the establishment:---
Provided further that no worker shall be
entitled to be a member of more than one trade union at any one time and on
joining another union the earlier membership shall automatically stand
cancelled;
(b) employers,
without distinction whatsoever, shall have the right to establish and, subject
only to the rules of the organization concerned, to join international
associations of their own choice without previous authorization:
(c) every
trade union and employers association shall frame its own constitution and
rules to elect its representatives in full freedom to organize its
administration and activities and to formulate its programmes; and
(d) workers
and employers’ organizations shall have the right to establish and join
federations and confederations and any such organization, federation or
confederation shall have the right to affiliate with international
organizations and confederations of workers’ and employers’ organisations.
4. Registrar
of trade unions.—For the purpose of
this Act, the Government shall, by notification in the official Gazette,
appoint the Registrar of Trade Unions who shall be assisted by one or more
Joint Registrars.
5. Powers
and functions of Registrar.—The
Registrar, and the Joint Registrars, as the case may be, 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 Commission for action,
including prosecution, against trade unions, employers, workers or other
persons for any alleged offence or any unfair labour practice or violation of
any provision of the Act or for expending the funds of a trade union in
contravention of the provisions of its constitution;
(c) the
determination of the question as to which one of the trade unions in an
establishment or an industry is entitled to be certified as the collective
bargaining agent in relation to that establishment or industry;
(d) to
inspect the accounts and record of the registered trade unions, or investigate
or hold such inquiry in the affairs of the trade unions as he deems fit either
by himself or through any officer subordinate to him and to authorize him in
writing in this behalf; and
(e) such other powers and functions as may be
prescribed.
6. Application
for registration.—Any trade union
may, under the signature of its President and the Secretary, apply to the
Registrar for registration of the trade union under this Act:
Provided that there shall be at least two trade unions
in an establishment.
7. Requirements
for application.—Every application
for registration of Trade Union shall be made to the Registrar and shall be
accompanied by,---
(a) a statement showing,---
(i) the
name of the trade union and the address of its Head Office;
(ii) date
of formation of the union;
(iii) the titles, names, ages, addresses and occupations of the officers
of the trade union;
(iv) statement
of total paid membership;
(v) the
name of the establishment or group of establishments, or the industry, as the
case may be, to which the trade union relates along with a statement of the
total number of workers employed therein;
(vi) the
names and addresses of the registered trade unions in the establishment group
of establishments or industry, as the ease may be, to which the union relates;
and
(vii) in case of a federation of trade unions, the names, addresses and
registration number of member-unions;
(b) three
copies of the constitution of the trade union together with a copy of the
resolution by the members of the trade union adopting such constitution bearing
the signature of the Chairman of the meeting;
(c) a copy
of the resolution by the members of the trade union authorizing its President
and the Secretary to apply for its registration; and
(d) in case
of a federation of trade unions, a copy of the resolution from each of the
constituent unions agreeing to become a member of the federation.
8. Requirements
for registration.—(1) A trade union
shall not be entitled to registration under this Act unless the constitution
thereof provides for the following matters, namely:---
(a) the name and address of the trade union;
(b) the objects for which the trade union has
been formed:
(c) the
purposes for which the general funds of the union shall be utilized;
(d) the
number of persons forming the executive which shall not exceed the prescribed
limit and shall include not less than seventy five percent from amongst the
workmen actually engaged or employed in the establishment or establishments or
the industry for which the trade union has been formed,---
Provided
that the condition of being employed in any establishment or an industry as
aforesaid shall not apply to the remaining twenty five percent of the members
of such executives;
(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 officers and members of the trade
union;
(g) the
manner in which the constitution shall be amended, varied or rescinded;
(h) the safe
custody of the funds of the trade union, its annual audit, the manner of audit
and adequate facilities for inspection of the account books by the officers and
members of the trade union;
(i) the manner in which the trade union may be
dissolved;
(j) the
manner of election of officers by the general body of the trade union and the
term, not exceeding two years, for which an officer may hold office upon his
election or re-election;
(k) the
procedure for expressing no confidence in any officer of the trade union; and
(l) the
meeting of the executive and of the general body of the trade union so that the
executive shall meet at least once in every three months and the general body
at least once a year.
(2) Without prejudice to the provisions of
sub-section (1), a trade union of workmen shall not be entitled to registration
under this Act—
(a) unless
all its members are workmen actually engaged or employed in the industry with
which the trade union is connected;
Explanation.—For the purpose of this
clause, a dismissed, terminated of retrenched worker, whose dismissal,
termination or retrenchment is pending adjudication before a Court of competent
jurisdiction, shall be deemed to be an employed worker of that establishment,
and
(b) where
there are two or more registered trade unions in the establishment, group of
establishments or industry with which the trade union is connected, unless it
has as its members not less than one-fifth of the total number of workmen
employed in such establishment, group of establishments or industry, as the
ease may be.
9. Registration.—(1) On receipt of application for registration, the
Registrar shall ensure compliance of Sections 7 and 8 of this Act, and issue
the registration certificate in the prescribed form within seven days.
(2) In case the application has been rejected
or a certificate of registration has not been issued within a period of seven
days as provided in sub-section (1), as the case may be, the trade union may
appeal to the Commission who, for reasons to be stated in its judgment, may
pass an order directing the Registrar to register the trade union and to issue a
certificate of registration or may dismiss the appeal.
(3) Notwithstanding anything contained in any
other provision of this Act, every alteration made in the constitution of a
registered trade union and every change of its officers shall be notified by registered
post by the trade union to the Registrar within fifteen days of such change.
(4) The Registrar may refuse to register such
change or alteration if it is in contravention of any of the provisions of this
Act or if it is in violation of the constitution of the trade union.
(5) Subject to the provision of sub-section
(4), every inclusion or exclusion of any constituent unit of a federation of
trade unions shall be notified by registered post by the federation to the
Registrar within fifteen days of such inclusion or exclusion.
(6) In case there is a dispute in relation to
the change of officers of a trade union, or any trade union is aggrieved by the
refusal of the Registrar under sub-section (4), the Registrar may, after
satisfying himself that a dispute exists, hold fresh elections under his
supervision.
10. 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 the
trade union has been duly registered under this Act.
11. Cancellation
of registration.—(1) Subject to other
provisions of this section, the registration of a trade union may be cancelled
by the Registrar if the trade union has—
(a) contravened
or has been registered in contravention of any of the provisions of this Act or
the rules;
(b) applied for such cancellation or ceased to
exist;
(c) obtained
registration by fraud or by misrepresentation of facts;
(d) obtained
less than ten percent of total votes polled in an election for determination of
a Collective Bargaining Agent, or is not a contestant in such election;
(e) failed to
submit its annual returns to the Registrar as required under this Act or the
rules;
(f) contravened any of the provisions of its
constitution; or
(g) made in
its constitution any provision which is inconsistent with this Act or the
rules.
(2) Where the Registrar is of opinion that the
registration of a trade union should be cancelled, he shall submit an
application to the Commission praying for permission to cancel such
registration.
(3) The Registrar shall cancel the registration
of a trade union within seven days from the date of receipt of permission from
the Commission.
(4) The registration of a trade union shall not
be cancelled on the ground mentioned in clause (d) of sub-section (1) if the
unfair labour practice is not committed within three months prior to the date
of submission of the application to the Commission.
(5) Where any person who is disqualified under
Section 18 from being 10 member or elected as, or from being an officer of a
trade union is elected as an officer of a registered trade union, the
registration of that trade union shall be cancelled if the Commission, upon a
complaint in writing made in this behalf by the Registrar, so directs.
(6) The registration of a trade union shall be
cancelled by the Registrar if, after holding such inquiry as he deems fit, he
finds that such trade union has dissolved itself or has ceased to exist.
12. Appeal
against the order/decisions etc. of Registrar.—A trade union, its members or an officer may prefer an
appeal against the order, decision and proceeding conducted by the Registrar
within thirty days before the Commission.
13. Incorporation
of registered trade union.—(1) Every
registered trade union shall be a body corporate by the name under which it is
registered, shall have perpetual succession and a common seal and the power to
contract and to acquire, hold and dispose of property, both movable and
immovable, and shall by the said name sue or be sued.
(2) The Societies Registration Act, 1860 (XXIV of
I860), the Cooperative Societies Act, 1925 (W.P. Act VII of 1925) and the
Companies Act, 1984 (XLVII of 1984), shall not apply to any registered trade
union and the registration of any trade union under any of these Acts shall be
void.
14. Registration
of federation of trade unions.—(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
whereas any four or more registered trade unions, (from any two or more
provinces) may constitute a federation or confederation and apply to the
Registrar for the registration of the federation:---
Provided that a
trade union of workmen shall not join a federation which comprises a trade
union of employers; nor shall a trade union of employers join a federation
which comprises a trade union of workmen.
(2) An instrument of federation referred to in
sub-section (1) shall, among other things, provide for the procedures to be
followed by the federated trade unions and the rights and responsibilities of
the federation and the federated trade union.
(3) An application for the registration of a
federation of trade unions shall be signed by the Presidents of all the trade
unions constituting the federation or by the officers of these trade unions
respectively authorized by the trade unions in this behalf and shall be
accompanied by three copies of the instrument of federation referred to in
sub-section (1).
(4) No trade union federation or confederation
shall be formed and registered having same, similar on identical name.
(5) Subject to sub-Sections (1), (2), (3) and
(4), the provisions of the Act shall, so far as may be and with the necessary
modifications, apply to a federation of trade unions as they apply to a trade
union.
15. Registered
trade union to maintain register, etc.—Every
registered trade union shall maintain in such form as may be prescribed—
(a) a
register of members showing particulars of subscriptions paid by each member;
(b) an accounts book showing receipts and
expenditure; and
(c) a minute book for recording the proceedings
of meetings.
16. Returns.—(1) There shall be sent annually to the Registrar, on
or before such date as may be prescribed, a general statement, audited in the
prescribed manner, of all receipts and expenditure of every registered trade
union during the year ending on the 31st day of December, next preceding such
prescribed date, and of the assets and liabilities of the trade union existing
on such 31st day of December, as may be prescribed.
(2) Together with the general statement there
shall be sent to the Registrar a statement showing all changes of officers made
by the trade union during the year to which the general statement refers,
together also with statement of the total paid membership and a copy of the
constitution of the trade union corrected up to the date of the dispatch
thereof to the Registrar.
(3) A copy of every alteration made in the
constitution of a 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) The Registrar shall audit the return and
issue a certificate of acceptance. In case the statement of expenditure is
found incorrect, he will submit a complaint before the Commission for
initiation of cancellation proceedings of the union.
17. Transfer,
etc., of officer of trade union during pendency of application for
registration.—Save with the prior
permission of the Registrar, no officer or member of a trade union of workmen
shall be transferred, discharged, dismissed or otherwise punished during the
pendency of an application for registration of the trade union with the
Registrar, provided that the union has notified the names of its officers and
members to the employer in writing.
18. Disqualification
for being an officer or a member of a trade union.—Notwithstanding anything contained in the constitution
or rules of a trade union, a person who has been convicted and sentenced to
imprisonment for two years or more or in an offence involving moral turpitude
under the Pakistan Penal Code (Act XLV of 1860) shall be disqualified from
being elected as, or from being, an officer of a trade union, unless a period
of five years has elapsed after the completion of the sentence.
CHAPTER—III
COLLECTIVE BARGAINING AGENT
COLLECTIVE BARGAINING AGENT
19. Collective
bargaining agent.—(1) Where there is
only one registered trade union in an establishment or a group of
establishments, that trade union shall if it has as its members not less than
one-third of the total number of workmen employed in such establishment or
group of establishments, upon an application made in this behalf be certified
by the Registrar in the prescribed manner to be the collective bargaining agent
for such establishment or group of establishments.
(2) Where there are more registered trade
unions than one in an establishment or a group of establishments, the Registrar
shall upon an application made in this behalf by any registered trade union of
an establishment or group of establishments, hold within fifteen days from the
making of the application, a secret ballot to determine as to which one of such
trade unions shall be the collective bargaining agent for the establishment or
group:
Provided that
the Registrar may, in the case of a large establishment having its branches in
more than one town, hold the secret ballot within thirty days from the making
of the application:
Provided further
that the Registrar shall not entertain any application under this sub-section in
respect of an establishment or group of establishments, consisting of, or
including, a seasonal factory within the meaning of Section 4 of the Factories
Act, 1934 (XXV of 1934), unless such application is made during the month in
which the number of workmen employed in such factory in a year is usually the
maximum.
(3) Upon receipt of an application under
sub-section (2), the Registrar shall, by notice in writing call upon every
registered trade union in the establishment or group of establishments to which
the application relates:--
(a) to
indicate whether it desires to be a contestant in the secret ballot to be held
for determining the collective bargaining agent in relation to such
establishment or group; and
(b) if it so
desires, to submit to him within the time specified in the notice a list of its
members showing, in respect of each member, his parentage, age, the section or
department and the place in which he is employed, his ticket number and the
date of his becoming a member and if union is a federation of trade unions, a
list of its affiliated trade unions together with a list of members of each
such trade union showing in respect of each such member the said particulars.
(4) Every employer shall,---
(a) on being
so required by the Registrar, submit a list of all workmen employed in the
establishment excluding those whose period of employment in the establishment
is less than three months and showing, in respect of each workman, his
parentage, age, the Section or department and the place in which he is
employed, his ticket number and the date of his employment in the
establishment; and
(b) provide
such facilities for verification of the lists submitted by him and the trade
unions as the Registrar may require:---
Provided
that, in computing the period of three months referred to in clause (a) in the
case of a workman employed in a seasonal factory within the meaning of Section
4 of the Factories Act, 1934 (XXV of 1934), the period during which he was
employed in that factory during the preceding season shall also be taken into
account.
(5) The Registrar shall, after verification of
the lists submitted by the trade unions, prepare a list of voters in which
shall be included the name of every workman whose period of employment as
computed in accordance with sub-section (4), is not less than three months and
who is a member of any of the contesting trade unions and shall, at least four
days prior to the date fixed for the poll, send to each of the contesting trade
unions a certified copy of the list of voters so prepared.
(6) Every workman who is a member of any of the
contesting trade unions and whose name appears in the list of voters prepared
under sub-section (5) shall be entitled to vote at the poll to determine the
collective bargaining agent.
(7) Every employer shall provide all such
facilities in his establishment as may be required by the Registrar for the
conduct of the poll, including actual expenditures of the poll, but shall not
interfere with, or in any way influence, the voting.
(8) No person shall canvass for vote within a
radius of fifty metres of the polling station.
(9) For the purpose of holding secret ballot to
determine the collective bargaining agent, the Registrar shall,---
(a) fix the
date for the poll and intimate the same to each of the contesting trade unions
and also to every employer;
(b) on the
date fixed for the poll so placed in the polling station set up for the purpose
the ballot boxes which shall be sealed in the presence of the representatives
of the contesting trade unions as to receive the ballot papers;
(c) conduct
the poll at the polling station at which the representatives of the contesting
trade unions shall have the right to be present;
(d) after the
conclusion of the poll and in the presence of such of the representatives of
the contesting trade unions as may be present, open the ballot boxes and count
the votes; and
(e) after the
conclusion of the count, certify the trade union which has received the highest
number of votes to be the collective bargaining agent:---
Provided
that no trade union shall be certified to be the collective bargaining agent
for an establishment or group of establishments unless the number of votes
received by it is not less than one-third of the total number of votes of
workmen mentioned in the voters” list employed in such establishment or group
of establishments:---
Provided
further that, if no trade union secures such number of votes in the first poll,
a second poll shall be held between the trade unions which secure the two
highest numbers of votes in the first poll and the trade union which secures a
majority of the votes cast at the second poll shall be certified in the
prescribed manner to be the collective bargaining agent:---
Provided
also that, 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.
(10) If no trade union indicates under clause (a)
of sub-section (3) that it desires to be a contestant in the secret ballot, the
Registrar shall certify the trade union which has made the application under
sub-section (2) to be the collective bargaining agent for a period of two
years.
(11) Where a registered trade union has been certified
under clause (e) of sub-section (9) and sub-section (10) to be the collective
bargaining agent for an establishment or group of establishments, no
application for the determination of the collective bargaining agent for such
establishment or group shall be entertained within a period of two years from
the date of such certification except where the registration of such a
registered trade union is cancelled before the expiration of the period:---
Provided that
for the trade unions having membership of more than five thousand and presence
in more than one province, the period of two years will be enhanced to three
years.
(12) The Registrar may authorize in writing an
officer to perform all or any of his functions under this section.
(13) After an application under sub-section (2) is
made to the Registrar, no employer shall transfer, remove, retrench or
terminate any worker who is officer of any contestant trade union save with the
permission of the Registrar.
20. Functions
of the Collective Bargaining Agent.—(1)
The collective bargaining agent in relation to an establishment or group of
establishments shall be entitled to,---
(a) undertake
collective bargaining with the employer or employers on matters connected with
employment, non-employment, the term of employment or the conditions of work
other than matters which relate to the enforcement of any right guaranteed or
secured to it or any workman by or under any law, other than this Act, or any
award or settlement;
(b) represent
all or any of the workmen in any matter or judicial proceedings under this Act;
(c) give
notice of, and declare, a strike in accordance with the provisions of this Act;
and
(d) nominate
representatives of workmen on the Board of Trustees of any welfare institutions
or Provident Funds and of the Workers Participation Fund established under the
Companies Profits (Workers Participation) Act, 1968 (XII of 1968).
(2) A collective bargaining agent may, without
prejudice to its own position, implead as a party to any proceedings under this
Act to which it is itself a party or any federation of trade unions of which it
is a member.
21. Performance
of functions pending ascertainment of collective bargaining agent.—Any act or function which is by this Act required to
be performed by or has been conferred upon a collective bargaining agent may,
until a collective bargaining agent has been certified under the provisions of
this Act, be performed by a registered trade union which has been recognized by
the employer or employers.
22. Check off.—(1) If a collective bargaining agent so requests, the
employer shall deduct from the wages of the workmen such amounts towards their
subscription to the funds of the trade union as may be specified by each
individual workman named in the demand statement furnished by the trade union.
(2) An employer making any deductions under
sub-section (1) shall, within fifteen days of the end of the period for which
the deduction have been made, deposit the entire amount so deducted by him in
the account of the trade union on whose behalf he has made the deductions.
(3) A collective bargaining agent shall
maintain with a branch of the National Bank of Pakistan, or with a scheduled
bank with “AAA” credit-rating recognised by the State Bank of Pakistan, or with
a Post Office Savings Bank an account to which shall be credited the entire
amount deducted by the employer under sub-section (1) from the wages or the
members of the trade union.
(4) The employer shall provide facilities to the
collective bargaining agent for ascertaining whether deductions from the wages
of its members are being made under sub-section (1).
CHAPTER—IV
WORKERS PARTICIPATION
WORKERS PARTICIPATION
23. Shop
steward.—(1) In every
factory/establishment in which twenty-five or more workmen are employed, shop
stewards, from amongst the workmen in a shop. Section or department of the
factory/establishment, shall,---
(a) where
there is a collective bargaining agent in the factory/establishment, be
nominated by it, or
(b) where
there is no collective bargaining agent in the factory/establishment, be
elected at a secret ballot held in the prescribed manner.
(2) The employer shall provide all such
facilities in his factory/ 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 date of his election or nomination as the case may be.
(4) Any dispute arising out of, or in
connection with, the election of a shop steward shall be referred to the
Registrar whose decision shall be final and binding on all parties to the
dispute.
24. Functions
of Shop Steward.—The shop steward
shall act as a link between the workers and the employer, assist in the
improvement of arrangements for the physical working conditions and production
work in the shop section or department for which he is elected and help workers
in the settlement of their problems either connected with work or with any such
individual grievance of a workman as is referred to in sub-section (1) of
Section 33.
25. Works
Council.—(1) In every
factory/establishment in which fifty or more workmen are employed or were
employed on any day in the preceding twelve months, the employer shall
constitute, in the prescribed manner, a work council consisting of
representatives of the employer and the workmen in such a manner that the
number of the representatives of the workmen is not less than the number of the
representatives of the employer in the works council.
(2) In the case of any factory/establishment
where there are one or more trade unions, the collective bargaining agent shall
nominate the representatives of the workmen on such Works Council:
Provided that if
there is no collective bargaining agent, representatives of workmen on Works
Council shall be chosen in the prescribed manner from amongst the workmen
engaged in the factory/establishment for which the Works Council is
constituted.
26. Functions
of Works Council.—The functions of
Works Council shall be to promote measure for securing and preserving good
relation between an employer and his workmen and, in particular;
(a) To
endeavour to maintain continuous sympathy and understanding between the
employer and the workmen;
(b) To
promote settlement of differences and disputes through bilateral negotiations;
(c) To
promote security of employment for the workmen and conditions of safety, health
and job satisfaction in their work;
(d) To take
measures of facilitating good and harmonious working condition in the
factory/establishment; to provide vocational training and educational
facilities for children of workmen in secretarial and accounting procedures and
to promote their absorption in these departments of the factory/establishment;
and
(e) To
discuss any other matter of mutual interest with a view to promoting better
labour-management relations.
27. Workers’
Participation in Management.—(1) In
every factory/ establishment employing fifty persons of more there shall be
elected or nominated workers’ representatives to participate to the extent of
fifty per cent in the management of the factory/establishment:
Provided that
there shall be elected or nominated at least one worker’s representative to
participate in the management of such factory/establishment:
Provided further
that, for the purpose of determining the number of workers’ representatives in
the management of the factory/ establishment, fractions equal to, or greater
than one half shall be regarded as one and lesser fractions shall be ignored.
(2) The workers’ representatives shall be
workmen employed in the same factory/establishment and shall,—
(a) where
there is a collective bargaining agent in the factory/ establishment, be
nominated by it, or
(b) where
there is no collective bargaining agent in the factory/establishment, be elected
by simple majority at a secret ballot by all workmen employed in the
factory/establishment.
(3) The workers representative shall hold
office for a period of two years from the date of their election of their
election or nomination, as the case may be.
(4) The workers’ representatives shall
participate in all the meetings of the management committee constituted in the
prescribed manner and all matters relating to the management of the
factory/establishment, except commercial and financial transaction, may be
discussed in such meetings.
(5) The management shall not take any decision
in the following matters without the advice in writing of the workers’
representative, namely--
(a) framing
of services rules and policy about promotion and discipline of workers;
(b) changing
physical working conditions in the factory/ 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 factory/establishment.
(6) The workers’ representatives may on their
own initiative give advice in writing concerning the matters specified in
sub-section (5) and, where they do so, the management shall convene a meeting
within two weeks of the receipt of the advice to discuss its merits with them.
(7) The management shall give reply to the
workers’ representative within two weeks of the receipt of their advice given
under sub-section (5) or sub-section (6) and any such advice shall not be
rejected except by the person holding the highest position in the management of
the factory/establishment.
(8) In case the advice of the workers’
representatives is rejected by the management of the factory/establishment, the
matter may, within fifteen days of the advice being so rejected, be taken up by
the collective bargaining agent in the Works Council for bilateral negotiations
and thereupon the provisions of Section 35 shall apply as they apply to the
settlement of an industrial dispute in relation to which the views of the
employer or the collective bargaining agent have been communicated to the Works
Council under sub-section (1) of the section.
28. Joint
Management Board.—(1) Every company
which owns or manages an factory/establishment, and in every
factory/establishment which is not so owned or managed, and which employs fifty
persons or more, the management shall, in the prescribed manner set up a joint
management board in which the workers’ participation shall be to the extent of
thirty percent.
(2) The employer’s representatives on the joint
management board shall be from amongst the Directors or senior executives and
the workers’ representatives shall be workmen employed in the
factory/establishment.
(3) The joint management board shall look after
the following matters, namely:—
(a) improvement in production, productivity and
efficiency;
(b) fixation of job and piece-rates;
(c) planned regrouping or transfer of the
workers;
(d) laying
down the principles of remuneration and introduction of new remuneration
methods; and
(e) provision
of minimum facilities for such of the workers employed through contractors as
are not covered by the laws relating to welfare of workers.
(4) The joint management board may call for
reasonable information about the working of the company or
factory/establishment from its management and the management shall supply the
information called for.
(5) The joint management board shall meet at
such intervals as may be prescribed.
(6) The workers’ representative shall hold
office for such period as may be prescribed.
(7) In this section,—
(a) “company”
has the same meaning as in the Companies Act, 1984 (XLVII of 1984); and
(b) “ management” means the employer.
(8) In the case of an factory/establishment
where there are one or more trade unions, the collective bargaining agent shall
nominate the representatives of the workmen on such join management board:
Provided that
where there is no collective bargaining agent, representatives of workmen on
the join management board shall be chosen in the prescribed manner from amongst
the workmen engaged in the factory/establishment for which the joint management
board is constituted.
29. Inspector.—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 this Act within the local limits assigned to each.
30. Functions
of the Inspector.—(1) The inspector
may—
(a) at all
reasonable hours enter any premises and make such examination of any register
and document relating to the provisions of Section 27 and Section 28 and take on
the spot or otherwise such evidence of any person, and exercise such other
powers of inspection, as he may deem necessary for discharging his duty;
(b) call for
such information from the management as he may deem necessary for the discharge
of his functions and the management shall provide the information called for
within such period as may be specified by him; and
(c) make a
report in writing to the Registrar having jurisdiction of any offence
punishable under this Act.
(2) 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).
CHAPTER—V
UNFAIR LABOUR PRACTICES
UNFAIR LABOUR PRACTICES
31. 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 officer of a trade union;
(c) discriminate
against any person in regard to any employment, promotion, condition of
employment or working condition on the ground that such person is, or is not, a
member or officer of a trade union;
(d) dismiss,
discharge, remove from employment or transfer or threaten to dismiss, discharge
or remove from employment or transfer a workman or injure or threaten to injure
him in respect of his employment by reason that the workman:
(i) is
or proposes to become, or seeks to persuade any other person to become, a
member or officer 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 officer of a
trade union, by conferring or offering to confer any advantage on, or by
procuring or offering to procure any advantage for such person or any other
person;
(f) compel
or attempt to compel any officer of the collective bargaining agent to arrive
at a settlement by 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 for the determination of the
Collective Bargaining Agent;
(h) recruit
any new workman during the period of a notice of strike under Section 41 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) Act, 1968 (W.P. Ord.
VI of 1968); or
(j) Commence,
continue, instigate or incite others to take part in or expend or supply money
or otherwise act in furtherance or support of, an illegal lockout.
(2) Nothing in sub-section (1) shall be deemed to
preclude an employer from requiring that a person upon his appointment or
promotion to managerial position shall cease to be, and shall be disqualified
from being, a member or officer of a trade union of workmen.
32. Unfair
labour practices on the part of a workmen.—(1) No workmen or other person or trade union of workmen shall—
(a) persuade
a workman to join or refrain from joining a trade union during working hours;
or
(b) intimidate
any person to become, or refrain from becoming, or to continue to be, or to
cease to be a member or officer of a trade union; or
(c) induce
any person to refrain from becoming, or cease to be a member or officer of a
trade union, by intimidating or conferring or offering to confer any advantage
on, or by procuring or offering to procure any advantage for such person or any
other person; or
(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;
or
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 conceited 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
19 by the exercise of undue influence, intimidation, impersonation or bribery
through its executive or through any person acting on its behalf.
CHAPTER—VI
SETTLEMENT OF DISPUTES
SETTLEMENT OF DISPUTES
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 for the time being in force
to the notice of his employer in writing, either himself or through his shop
steward or collective bargaining agent within ninety days of the day on which
the cause of such grievance arises.
(2) Where a worker himself brings his grievance
to the notice of the employer, the employer shall, within fifteen days of the
grievance being brought to his notice, communicate his decision in writing to
the worker.
(3) Where a worker brings his grievance to the
notice of his employer through his shop steward or collective bargaining agent,
the employer shall, within seven days of the grievance being brought to his
notice, communicate his decision in writing to the shop steward or as the case
may be the collective bargaining agent.
(4) If the employer fails to communicate a
decision within the period specified in sub-section (2) or, as the case may be
sub-section (3), or if the worker is dissatisfied with such decision, the
worker or the shop steward may take the matter to his collective bargaining
agent or to the Commission or, as the case may be, the collective bargaining
agent may take the matter to the Commission, and where the matter is taken to
the Commission, it shall give a decision within seven days from the date of the
matter being brought before it as if such matter were an industrial dispute:
Provided that a
worker who desires to so take the matter to the Commission shall do so within a
period of sixty days from the date of the communication of the employer or, as
the case may be, from the expiry of the period mentioned in sub-section (2), or
sub-section (3), as the case may be.
(5) In adjudicating and determining a grievance
under sub-section (4), the Commission shall go into all the facts of the case
and pass such orders as may be just and proper in the circumstances of the
case.
(6) If a decision under sub-section (4) or an
order under sub-section (5) given by the Commission or a decision in an appeal
against such a decision or order is not given effect to or complied with within
seven days or within the period specified in such order or decision, the
defaulter shall be punishable with imprisonment for a term which may extend to
one year, or with fine which may extend to seventy-five thousand rupees, or
with both.
(7) No person shall be prosecuted under
sub-section (6) except on a complaint in writing—
(a) by the
workman if the order or decision in his favour is not implemented within the
period specified therein; or
(b) by the
Commission if an order or decision thereof is not complied with.
(8) For the purposes of this section, workers
having common grievance arising out of a common cause of action may make a
joint application to the Commission.
(9) Any collective bargaining agent or any
employer may apply to the Commission for the enforcement of any right
guaranteed or secured to it or him by or under any law or any award or
settlement.
(10) There shall be a Tripartite Council for
review of grievances of workers in the Islamabad Capital
Territory comprising not
less than three members each of the workers, employers and the Government:
Provided that
the representatives of the workers and the employers shall be nominated by the
Government after consultation with registered trade unions and employers’
organizations to be notified in the Official Gazette.
34. Raising
of industrial disputes.—(1) 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;
(2) Notwithstanding anything contained in this
Act, a federation of trade unions or federation may, if it is a collective
bargaining agent, raise an industrial dispute affecting all employers or
workers of the establishments represented by that federation and a decision of
the Commission shall be binding on all such employers and workers.
(3) No collective bargaining agent shall, at
any time when a decision of the Commission in respect of any matter is
effective, be entitled to raise a demand relating to that matter.
35. Negotiations
relating to differences and disputes.—(1)
If at any time an employer or a collective bargaining agent finds that an
industrial dispute has arisen or is likely to arise, the employer or, as the
case may be, the collective bargaining agent, may communicate his or its views
in writing either to the Works Council or to the other party and where the
views are so communicated to the Works Council, a copy of the communication
shall also be sent to the other party.
(2) On receipt of the communication under
sub-section (1) the Works Council or the party receiving it shall try to settle
the dispute by bilateral negotiations within ten days of receipt of the
communication or within such further period as may be agreed upon by the
parties and, if the parties reach a settlement, a memorandum of settlement
shall be recorded in writing and signed by both the parties and a copy thereof
shall be forwarded to the Conciliator and the authorities mentioned in clause
(xxx) of Section 2.
(3) Where a settlement is not reached between the
employer and the collective bargaining agent or, if the views of the employer
or collective bargaining agent have been communicated under sub-section (1) to
the Works Council, there is a failure of bilateral negotiations in the Works
Council, the employer or the collective bargaining agent may, within seven days
from the end of the period referred to in sub-section (2), serve on the other
party to the dispute a notice of lock-out or strike, as the case may be, in
accordance with the provisions of this Act.
36. Conciliator.—The Commission may, appoint as many persons as it
considers necessary to act as Conciliators under this Act.
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
sub-section (3) of Section 35, it shall, simultaneously with the service of
such notice, deliver a copy thereof to the Conciliator and to the Commission.
38. Proceedings before Conciliator.—(1) The Conciliator shall within
fifteen days call a meeting of the parties to the dispute for the purpose of
bringing about a settlement.
(2) The parties to
the dispute shall be represented before the Conciliator by persons nominated by
them and authorized to negotiate and enter into an agreement binding on the
parties:
Provided that if, in the opinion of the Conciliator, the
presence of the employer or any officer of the trade union connected with the
dispute is necessary in a meeting called by him, he shall give notice in
writing requiring the employer or such officer to appear in person before him
at the place, date and time, specified in the notice and it shall be the duty
of the employer or the officer of the trade union to comply with the notice.
(3) The Conciliator shall perform such
functions in relation to a dispute before him as may be prescribed and may, in
particular, suggest to either party to the dispute such concessions or
modifications in its demand as are in the opinion of the Conciliator likely to
promote an amicable settlement of the dispute.
(4) If a settlement of the dispute or of any
matter in dispute is arrived at in the course of the proceedings before him,
the Conciliator shall send a report thereof to the Commission together with a
memorandum of settlement signed by the parties to the dispute.
(5) If no settlement is arrived at within the
period of the notice of strike or lock-out, the conciliation proceedings may be
continued for such further period as may be agreed upon by the parties.
39.
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 sub-section (3) of Section 35.
(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 40 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 the Commission shall be
deemed to have commenced—
(a) in
relation to an industrial dispute, on the date on which an application has been
made under Section 42 or Section 60, or on the date on which it is referred to
the Commission by the Federal Government under Section 42 or Section 45; and
(b) in
relation to any other matter, on the date on which it is referred to the
Commission.
(4) Proceedings before the Commission in relation
to a dispute referred to it under Section 42 or Section 45 or to a dispute
raised under sub-section (2) Section 34, shall be deemed to have commenced on
the date on which the reference is made to it or, as the case may be, the
dispute is raised before it.
(5) Proceedings before the Commission shall be
deemed to have concluded on the date on which the decision is delivered under
sub-section (5) of Section 42.
40. Arbitration.—(1) If the conciliation fails, the Conciliator shall
try to persuade the parties to agree to refer the dispute to an arbitrator. In
case the parties agree, they shall make a joint request in writing for
reference of the dispute to an arbitrator agreed upon by them.
(2) The arbitrator to whom a dispute is
referred under sub-section (1) may be a person borne on a panel to be
maintained by the Commission or any other person agreed upon by the parties.
(3) The arbitrator shall give his award within
a period of thirty days from the date on which the dispute is referred to him
under sub-section (1) or such further period as may be agreed upon by the
parties to the dispute.
(4) After he has made an award, the arbitrator
shall forward a copy thereof to the parties and to the Government for
publication in the official Gazette.
(5) The award of the arbitrator shall be final
and no appeal shall lie against it.
(6) The award shall be valid for a period not
exceeding two years, as may be fixed by the arbitrator.
CHAPTER—VII
STRIKES AND LOCK-OUT
STRIKES AND LOCK-OUT
41. Notice of
strike or lock-out.—The period of a
notice of lock-out or strike given under sub-section (3) of Section 35 shall be
fourteen days.
42. 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 40, the workmen
may go on strike or, as the case may be, the employer may declare a lock-out,
on the expiration of the period of the notice under Section 41 or upon a
declaration by the Conciliator that the conciliation proceedings have failed,
whichever is the later.
(2) The party raising a dispute may at any time
either before or after the commencement of a strike or lock-out make an
application to the Commission for adjudication of the dispute.
(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:
Provided that
the Government may, with respect to any other strike or lock-out relating to a
dispute which the Commission is competent to adjudicate and determine, by order
in writing, prohibit a strike or lock-out at any time before the expiry of
thirty days, if it is satisfied that the continuance of such a strike or
lock-out is causing serious hardship to the community or is prejudicial to the
national interest.
(4) In any case in which the Government
prohibits a strike or lock-out, it shall forthwith refer the dispute to the
Commission.
(5) The Commission shall, after giving both the
parties to the dispute an opportunity of being heard, make such order as it
deems fit as expeditiously as possible but not exceeding thirty days from the
date on which the dispute referred to it:
Provided that
the Commission may also make an interim order on any matter in dispute:
Provided further
that any delay by the Commission in making an order shall not affect the
validity of any order made by it.
(6) An award of the Commission shall be for
such period as may be specified in the award which shall not be more than two
years.
43. Illegal
strikes and lock-out.—(1) A strike or
lock-out shall be illegal if—
(a) it is
declared, commenced or continued without giving to the other party to the
dispute, in the prescribed manner, a notice of strike or lock-out or before the
date of strike or lock-out specified in such notice, or in contravention of
Section 46;
(b) it is
declared, commenced or continued in consequence of an industrial dispute raised
in a manner other than that provided in Section 34;
(c) it is
continued in contravention of an order made under Section 42, Section 45, or
Section 61 or sub-section (6) of Section 44; 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.
44. Procedure
in cases of illegal strikes or lock-out.—(1) Notwithstanding anything contained in any other provision of this
Act or in any other law for the time being in force, an Officer of the
Commission not below the rank of Deputy Registrar, hereinafter in this section
referred to as the Officer, may be assigned by the Commission the duly to make
enquiries in such manner as he may deem fit into an illegal strike or illegal
lock-out in an establishment and make a report to the Commission.
(2) The officer may, for the purpose of enquiry
under sub-section (1), enter with such assistance by the persons in the service
of Pakistan, as he thinks fit, in an establishment, 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.
(3) The officer shall have authority to call
any party to such dispute to his office or secure his presence in the
establishment and shall also have the power to bind any party to the dispute to
appear before the Commission.
(4) 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 Commission, does not so appear, the officer or the Commission,
as the case may be, may, besides taking such other action as may be admissible
under this Act, proceed ex-parte.
(5) After receiving the enquiry report the
Commission 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 Commission on a date which shall not be later than seven days.
(6) The Commission may, within ten days
following the day on which it receives a report under sub-section (1), and
after considering the report and hearing such of the parties as may appear
before it, order the strike to be called off or the lock-out to be lifted.
(7) If the employer contravenes the order of
the Commission under sub-section (6) and the Commission 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 and for the appointment of an official receiver for such
period as it deems fit, and such period may be varied from time to time.
(8) 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.
(9) The Commission may, in appointing and
regularizing the work of an official receiver exercise the powers of a Civil
Court under the Code of Civil Procedure, 1908 (Act V of 1908).
(10) If the workers contravene the order of the
Commission under sub-section (6), the Commission may pass orders of dismissal
against all or any of the striking workers and, notwithstanding anything to the
contrary contained in this Act, if the Commission, after holding such inquiry
as it deems fit, records its finding that any registered trade union has
committed or abetted the commission of such contravention, the finding shall
have the effect of cancellation of the registration of such trade union and
debarring all officers of such trade union from holding office in that or in
any other trade union for the un-expired term of their offices and for the term
immediately following:
Provided that
the Court may review its orders if good and sufficient cause is shown by an
affected worker within seven days of such orders of dismissal.
45. Strike or
lock-out in public utility services.—(1)
The Government, in the case of a strike or lock-out relating to—
(a) an industrial dispute of national
importance; or
(b) an
industrial dispute in respect of any of the public utility services which the
Commission is competent to adjudicate and determine, may, by order in writing,
prohibit a strike or lock-out at any time before or after the commencement of
the strike or lock-out.
(2) The provisions of sub-Sections (4), (5) and
(6) of Section 42 shall also apply to an order made under Sub-section (1) above
as they apply to an order made under sub-section (3) of that section.
46. Prohibition
of serving notice of strike or lock-out while proceedings pending.—No notice of strike or lock-out shall be served by any
party to an industrial dispute during the pendency of any conciliation
proceedings or proceedings before an Arbitrator or Commission in respect of any
matter constituting such industrial dispute.
47. Removal
of fixed assets.—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:
Provided that
the Commission may, subject to such conditions as it may impose, cause to be
removed any such fixed assets for safe custody to avoid damage to such assets
due to flood, fire, catastrophe or civil commotion.
48. Protection
of certain persons.—(1) No person
refusing to take part or to continue to take part in any illegal strike or
illegal lock-out shall, by reasons of such refusal, be subject to expulsion
from any trade union or to any fine or penalty or to the deprivation of any
right or benefit which he or his legal representatives would otherwise have
been entitled, or be liable to be placed in any respect, either directly or
indirectly, under any disability or disadvantage as compared with other members
of the trade union.
(2) Any contravention of the provisions of
sub-section (1) may be made the subject matter of an industrial dispute, and
nothing in the constitution of a trade union providing the manner in which any
dispute between its executive and members, shall be settled shall apply to any
proceedings for enforcing any right or exemption granted by sub-section (1). In
any such proceeding, the Commission may, in lieu of ordering a person who has
been expelled from membership of a trade union to be restored to membership,
order that he be paid out of the funds of the trade union such sum by way of
compensation or damages as the Commission thinks just.
CHAPTER—VII
AWARDS AND SETTLEMENTS
AWARDS AND SETTLEMENTS
49. Settlements
and awards on whom binding.—(1) A
settlement arrived at in the course of conciliation proceedings, or otherwise
between the employer and the collective bargaining agent or an award of an
arbitrator prescribed under Section 40, or an award or decision of the
Commission delivered under Section 54 and Section 57 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 the
Commission as parties to the industrial dispute, unless the Commission
specifically otherwise directs in respect of any such party;
(c) be
binding on the heirs, successors or assignees of the employer in respect of the
establishment to which the industrial dispute relates where an employer is one
of the parties to the dispute; and
(d) where a
collective bargaining agent is one of the parties to the dispute, be binding on
all workmen who were employed in the establishment or industry to which the
industrial dispute relates on the date on which the dispute first arose or who
are employed therein after that date:
Provided
that, where a collective bargaining agent or a trade union performing the
functions of a collective bargaining agent under Section 21 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 31.
(2) A settlement arrived at by agreement between
the employer and a trade union otherwise than in the course of conciliation
proceedings shall be binding on the parties to the agreement.
50. Effective
date of settlement, award, etc.—(1) A
settlement shall become effective—
(a) if a date
is agreed upon by the parties to the dispute to which it relates, on such date;
and
(b) if a date
is not so agreed upon, on the date on which the memorandum of the settlement is
signed by the parties.
(2) A settlement shall be binding for such
period as is agreed upon by the parties, 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 order passed by the Commission shall,
unless an appeal against it is preferred to the Full Bench, become effective on
such date and remain effective for such period, not exceeding two years, as may
be specified therein. The Arbitrator or the Commission shall specify dates from
which the award or decision on various demands shall be effective and the time
limit by which it shall be implemented in each case;
Provided that
if, at any time before the expiry of the said period, any party bound by an
award or decision applies to the Commission for reduction of the said period on
the ground that the circumstances in which the award or decision was made have
materially changed, the Commission may, by order made after giving to the other
party an opportunity of being heard, terminate the said period on a date
specified in the order.
(4) Notwithstanding the expiry of the period for
which an award is to be effective under sub-section (3), the award shall
continue to be binding on the parties until the expiry of two months from the
date on which either party informs the other party in writing of its intention
no longer to be bound by the award.
51. 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 Full Bench constituted under
this Act.
(2) The Full Bench 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.
52. 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, the Commission 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 Commission 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, the Commission, which is capable of being computed in terms
of money, the amount at which such benefit shall be computed may, subject to
the rules, be determined and recovered as provided for in sub-section (1) and
paid to the workman concerned within a specified date.
(3) The Commission shall have the powers of
Collector Grade-I and shall exercise such powers of recovery as determined by
it.
CHAPTER—VIII
NATIONAL INDUSTRIAL RELATIONS COMMISSION
NATIONAL INDUSTRIAL RELATIONS COMMISSION
53. National
Industrial Relations Commission.—(1)
The Federal Government shall constitute a National Industrial Relations
Commission.
(2) The Commission shall consist of not less than
ten full time members, including the Chairman.
(3) The qualification for appointment as a
member or as the Chairman of the Commission shall be such as may be prescribed.
(4) The Chairman and other members of the
Commission shall be appointed by the Government in the prescribed manner.
(5) Two of the members shall be appointed in
the prescribed manner to advise the Chairman, one to represent the employers
and the other to represent trade unions and the federations of such trade
unions.
(6) The Chairman of the Commission may, in
addition to the representatives of workers appointed to the Commission, co-opt,
in cases where he deems it necessary, from amongst workers belonging to
federations such representatives of workers as he may deem fit.
(7) The worker’s representative co-opted under
sub-section (6) shall be entitled to such honorarium as may be prescribed.
54. Functions
of the Commission.—The following
shall be the functions of the Commission, namely—
(a) to
adjudicate and determine an industrial dispute in the Islamabad Capital
Territory and trans-provincial to which a trade union or a federation of such
trade unions is a party and which is not confined to matters of purely local
nature and any other industrial dispute which is, in the opinion of the Government,
of national importance and is referred to it by that Government;
(b) to
register trade unions and industry-wise trade unions of an establishment or
group of establishments in the Islamabad Capital Territory and
trans-provincial, and federations of such trade unions;
(c) to
determine the collective bargaining agents amongst trade unions and
industry-wise trade unions in the Islamabad Capital Territory and
trans-provincial and federations of such trade unions;
(d) to try offences punishable under—
(i) Section
67 other than sub-sections (1) and (6) thereof; and
(ii) any
other section, in so far as they relate to employers or workers in relation to
a trade union or an industry-wise trade union in the Islamabad Capital
Territory and
trans-provincial, and a federation of such trade unions, or officers of such
union or federation;
(e) to deal
with cases of unfair labour practices specified in Sections 31 and 32 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 sub-section (9) Section 33 or in such
other way as may be prescribed, and to take, in such manner as may be
prescribed by regulations under Section 66, measures calculated to prevent an
employer or workman from committing an unfair labour practice;
(f) to
advise the Government, trade unions and industry-wise trade unions in the
Islamabad Capital Territory and trans-provincial, and federations in respect to
the education of workers in the essentials of trade unionism, including
education in respect of their right and obligations, and to secure the
provision of facilities required thereof, and to apportion the cost thereof
between the Government, trade unions and federations of such trade unions, and
the employers, in such manner as may be considered equitable by the Commission,
subject to the approval of the Government;
(g) to take
measures calculated to prevent an employer or workman from committing an unfair
labour practice in such manner as may be determined by regulations;
(h) to deal
with cases of individual grievance in the manners prescribed in Section 33.
(i) to
exercise exclusive jurisdiction over the establishment or group of
establishments situated in the Islamabad
Capital Territory
and trans-provincial; and
(j) such
other powers and functions as the Government may, by notification in the
official Gazette, assign to it from time to time.
55. Benches of
the Commission, etc.—(1) The Chairman
shall exercise general superintendence over its affairs.
(2) For the efficient performance of the
functions of the Commission, the Chairman shall constitute—
(a) a Full
Bench of the Commission which shall consist of not less than three members of
the Commission; and
(b) as many
other Benches of the Commission consisting of one member of the Commission, as
he may deem fit.
(3) The Benches shall—
(a) adjudicate
and determine an industrial dispute or any other matter which has been referred
to, or brought before it under this Act;
(b) enquire
into and adjudicate any matter relating to the implementation or violation of a
settlement which is referred to it by the Federal Government.
(c) try offences under this Act ; and
(d) exercise
and perform such other powers and functions as are or may be conferred upon or
assigned to it by or under this Act or any other law:
Provided
that, in the performance of those functions and in the exercise of those
powers, the Benches shall, unless otherwise provided in this Act, follow the
procedure laid down in the regulations.
(4) If any member of the Commission is absent
from, or is otherwise unable to attend any sitting of the Commission or of a
Bench consisting of more than one members of which he is a member, the Chairman
may reconstitute the Bench.
(5) No act, proceedings, decision, or award of
the Commission or Bench shall be invalid or be called in question merely on the
ground of absence or of the existence of a vacancy in or any defect in the
constitution of the Commission or Bench.
56. Resolution
of difference of opinion.—(1) If the
members of a Bench differ in opinion as to the decision to be given on any
point,—
(a) the point
shall be decided according to the opinion of the majority, if there is a
majority; and
(b) If the
members are equally divided, they shall state, the point on which they differ
and the case shall be referred by them to the Chairman for hearing on such
point by one or more of the other members of the Commission, and such point
shall be decided according to the opinion of the majority of the members of the
Commission who have heard the case, including those who first heard it:
Provided
that if, upon any matter requiring the decision of a Bench which includes the
Chairman of the Commission as one of its members, there is a difference of
opinion among its members and the members so constituting the Bench are equally
divided, the opinion of the Chairman shall prevail and the decision of the
Bench shall be expressed in terms of the views of the Chairman.
(2) Any order or decision made, award given,
sentence passed, power exercised, functions performed or proceedings taken by
any Bench of the Commission in accordance with this Act and the order
constituting the Bench shall be deemed to be the order or decision made, award
given, sentence passed, power exercised, functions performed or proceedings
taken, as the case may be, by the Commission.
Explanation.—In
this section, the expression “The Chairman of the Commission” includes such
member of the Commission to be known as Senior Member as the Chairman may
nominate to perform the functions, and exercise the powers of the Chairman
during his absence.
57. Additional
powers of the Commission.--(1) In
addition to powers which the Commission has under this Act—
(a) the Commission
shall have power to punish any person who obstructs or abuses its process or
disobeys any of its orders or directions, or does anything which tends to
prejudice the case of a party before it, or tends to bring it or any of its
members in relation to proceedings of the Commission into hatred or contempt,
or does anything which, by law, constitutes contempt of Court, with simple
imprisonment which may extend to six months or with fine which may extend to
fifty thousand rupees, or with both; and
(b) for the
purposes of any investigation, enquiry or adjudication to be made by the
Commission under this Act, the Chairman or any member of the Commission may at
any time between the hours of sunrise and
sunset, and any other person authorised in writing by the Chairman or
any member of the Commission in this behalf may, after he has given reasonable
notice, enter any building, factory, establishment, workshop or other place or
premises whatsoever and inspect the same or any work, machinery, appliance or article
therein or interrogate any person therein in respect of anything situated
therein or any matter relevant to matters before the Commission; and
(2) The Commission may, on the application of a
party, or of its own motion,
(a) initiate
prosecution, trial or proceedings, or take action, with regard to any matter
relating to its functions;
(b) withdraw
from a Labour Court of Province any application, proceedings or appeal relating
to unfair labour practice, which fall within jurisdiction of the Commission;
and
(c) grant
such relief as it may deem fit including interim injunction.
(3) For the purpose of dealing with a case of
unfair labour practice of which the Commission is seized, the Commission may—
(a) proceed directly with the case;
(b) ask the
Provincial Registrar within whose jurisdiction the case has occurred or is
likely to occur to enquire into it and submit a report; or
(c) refer
the case to a Provincial Labour
Court within whose jurisdiction the case has
occurred or is likely to occur, either for report or for disposal.
(4) The Labour Court to whom the case is so
referred shall enquire into it and, if the case was referred to it for report,
forward its report thereon to the Commission or, if the case was referred to it
for disposal, continue the proceedings and dispose of the case as if the
proceedings had originally commenced before it and grant such relief as the
Commission has the power to grant.
(5) Save as provided in sub-section (4) no
Registrar, Labour Court
or Labour Appellant Tribunal shall take any action, or entertain any
application or proceedings, in respect of any matter which falls within the
jurisdiction of the Commission:
Provided that no
Court, including Labour Court, shall take any action or entertain any
application or proceedings in respect of a case of unfair labour practice which
is being dealt with by the Commission.
Explanation.—The
expressions “industry-wise trade union” and “federation of such trade unions”
refer to a trade union membership of which extends to establishments in more
than one Province and a federation of trade unions whose membership extends to
registered trade unions in more than one Province.
58. Appeals.—(1) Notwithstanding anything contained in this Act, or
in any other law for the time being in force, any person aggrieved by an award
or decision given or a sentence or order determining and certifying a
collective bargaining unit passed by any Bench of the Commission, may, within
thirty days of such award, decision, sentence or order prefer an appeal to the
Commission.
(2) An appeal preferred to the Commission under
sub-section (1) shall be disposed of by the Full Bench of the Commission which
shall--
(a) if the
appeal is from an order determining and certifying a collective bargaining
unit, have the power to confirm, set aside, vary or modify such an order.
(b) if the
appeal relates to any other matter, the Full Bench may, confirm, set aside,
vary or modify the decision or sentence passed and shall exercise all the
powers required for the disposal of an appeal.
(c) The
decision of the Full Bench shall be delivered as expeditiously as possible,
within a period of sixty days following the filing of the appeal, provided that
such decision shall not be rendered invalid by reasons of any delay in its
delivery.
(d) The Full
Bench may, on its own motion at any time, call for the record of any case or
proceedings under this Act in which a Bench within its jurisdiction has passed
an order for the purpose of satisfying itself as to the correctness, legality,
or propriety of such order, and may pass such order in relation thereto as it
thinks fit:
Provided
that no order under this sub-section shall be passed revising or modifying any
order adversely affecting any person without giving such person a reasonable
opportunity of being heard.
(3) In an appeal preferred to it against the
order of a Bench directing the re-instatement of a workman, the Full Bench may
make an order staying the operation of the order of the Bench.
(4) The Full Bench shall decide such appeal within
twenty days of its being preferred:
Provided that,
if such appeal is not decided within the period aforesaid, the stay order of
the Full Bench shall stand vacated on the expiration of that period.
59. Finality of
order.—No Court shall entertain any plea
as to the jurisdiction of the Commission or as the legality or propriety of
anything done or purporting to be done by the Commission or any of its Benches,
and no order, decision, judgment or sentence of the Commission shall be called
in question in any manner, whatsoever, in or before any Court or other
authority.
60. Enforcement
of guaranteed rights.—Any collective
bargaining agent or any employer may apply to the Commission for the
enforcement of any right guaranteed or secured to it or him or to the workers
collectively by or under any law, award, settlement or decision.
61. Powers of
the Commission to prohibit strike, etc.—(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, the Commission, an application
under sub-section (9) Section 33, the Commission 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 the Full Bench under
Section 55, the Full Bench 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.
62. Determination,
etc., of collective bargaining unit.—(1)
Where the Commission, on an application made in this behalf, by a trade union
of Workmen or a federation of such trade unions, or on a reference made by the
Federal Government, after holding such inquiry as it deems fit, is satisfied
that for safeguarding the interest of the workmen employed in an establishment
or group of establishments belonging to the same employer and the same
industry, in relation to collective bargaining, it is necessary, just and
feasible to determine one or more collective bargaining units of such workmen
in such establishment or group, it may, having regard to the distribution of
workers, existing boundaries of the components of such establishment, or group,
facilities of communication, general convenience, sameness or similarity of
economic activity and other cognate factors,—
(a) determine
and certify one or more collective bargaining units in such establishment or
group;
(b) Specify
the modifications which, in consequence of the decision under this section,
will take effect in regard to the registration of the trade unions and
federations of trade unions affected by such decision and certification of
collective bargaining agents among such unions and federations, nomination or
election of shop stewards, and workers’ representatives for participation in
the management of the factories, if any, affected by such decision;
(c) specify
the date or dates from and the period, for which all or any of such changes
shall take effect:
Provided
that the date so specified shall not be a date falling within the period of two
years specified in sub-section (11) of Section 19, in its application to a
collective bargaining agent certified in respect of an establishment or
establishments:
Provided
further that, after the receipt of a reference for determination of a
collective bargaining unit, the Commission may stop or prohibit the proceedings
to determine collective bargaining agent under Section 19 for any establishment
or group of establishments which is likely to be affected by a decision under
this section:
(d) take such
measures or issue such directions to the Registrar as may be necessary to give
effect to such modifications; and
(e) determine
and certify a collective bargaining agent for each such unit in accordance with
Section 19 insofar as applicable and with the necessary modifications, if such
a unit relates to more than one province, or direct the Registrar to take such
action, if such a unit relates to the Islamabad Capital Territory.
(2) Where the Commission issues any directions
to the Registrar under this section, the Registrar shall comply with them
within such period as the Commission may from time to time determine.
(3) After the certification of a collective
bargaining unit, no trade union shall be registered in respect of that unit
except for the whole of such unit and no certification or proceedings for
determination of collective bargaining agent under Section 19 shall take place
for a part of a collective bargaining unit or a group of collective bargaining
units.
63. Certain
matters to be kept confidential.—Any
information obtained by a Registrar, Conciliator, Arbitrator or Commission 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
shall not be included in any report, award or decision under this Act, if the
trade union, person, firm, or company in question has made a request in writing
to the authority that such information shall be treated as confidential, nor
shall such proceedings disclose any such information without the consent in
writing of the Secretary of the trade union or the person, firm or company in
question, as the case may be:
Provided that
nothing contained in this section shall apply to disclosure of any such
information for the purpose of a prosecution under Section 193 of the Pakistan
Penal Code (Act XLV of 1860).
64. Conditions
of service to remain unchanged while proceedings pending.—(1) No employer shall, while any conciliation
proceedings or proceedings before an Arbitrator or the Commission 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 such conciliation proceedings, or of the proceedings before
an arbitrator, as the case may be, nor shall he save with the permission of the
Conciliator, the Arbitrator or the Commission, discharge, dismiss or otherwise
punish any workman except for misconduct not connected with such dispute.
(2) Notwithstanding anything contained in
sub-section (1), an officer of a registered trade union shall not, during the
pendency of any proceedings referred to in sub-section (1), be discharged,
terminated, dismissed or otherwise punished for misconduct, except with the previous
permission of the Commission. However, the terms and conditions of employment
secured by the workers through collective bargaining agreements, awards and
decisions of Courts shall continue to be binding upon the parties until revised
for betterment of workers.
65. Representation
of parties.—(1) A workman who is a
party to an industrial dispute shall be entitled to be represented in any
proceedings under this Act by an officer of a collective bargaining agent and
subject to the provisions of sub-section (2) and sub-section (3) any employer
who is a party to an industrial dispute shall be entitled to be represented in
any such proceedings by a person duly authorised by him.
(2) No party to an industrial dispute shall be
entitled to be represented by a legal practitioner in any conciliation
proceedings under this Act.
(3) A party to an industrial dispute may be
represented by a legal practitioner in any proceedings before the Commission,
or before an Arbitrator, with the permission of the Commission or the
Arbitrator, as the case may be.
66. Power to
make regulations.—(1) Subject to the
provisions of this Act, the Commission may make such regulations relating to
its procedure and the performance of its functions as it may deem fit.
(2) In particular and without prejudice to the
generality of the foregoing power, such regulations may provide for all or any
of the following matters, namely—
(a) registration
of trade unions and industry-wise trade unions in the Islamabad Capital
Territory and trans provinces, and federations of such trade unions and the
procedure, for such registration;
(b) determination of collective bargaining
units;
(c) determination
of collective bargaining agent from amongst the industry-wise trade unions,
federations of such trade unions and the procedure thereof;
(d) procedure,
including rules of evidence, for adjudication of industrial dispute;
(e) procedure,
including rules of evidence, for trial of offences;
(f) procedure for dealing with unfair labour
practices;
(g) superintendence
of the Chairman over the affairs of the Commission;
(h) forms of
registers; processes and returns in respect of matters relating to the
functions of the Commission; and
(i) fixing
of places and times of its sitting and deciding whether to sit in public or in
private.
CHAPTER—IX
PENALTIES AND PROCEDURES
PENALTIES AND PROCEDURES
67. Penalty for
unfair labour practices.—(1) Whoever
contravenes the provisions of Section 17 shall be liable to imprisonment which
may extend to fifteen days or fine which may extend to ninety days thirty thousand
rupees, or both.
(2) Whoever contravenes the provisions of
Section 31 shall be liable to imprisonment which may extend to thirty days or
fine which may extend to fifty thousand rupees, or both.
(3) Whoever contravenes the provisions of
Section 32, other than those of clause (d) of sub-section (1) thereof, shall be
liable to imprisonment which may extend to thirty days or fine which may extend
to twenty thousand rupees, or both.
(4) An officer of a trade union, a workman or
person other than a workman who contravenes or abets the contravention of the
provisions of clause (d) of sub-section (1) of Section 32 shall be liable to
imprisonment which may extend to thirty days or fine which may extend to thirty
thousand rupees, or both.
(5) Where the person convicted of an offence
under sub-section (4) is an officer of a trade union, the Commission may, in
addition to any other punishment which it may award to such person under that
sub-section, direct that he shall cease to hold the office of such officer and
be disqualified from holding any office in any trade union during the term
immediately following the term in which he so ceases to hold office.
(6) Whoever contravenes the provisions of
Section 47 shall be liable to imprisonment which may extend to thirty days or
fine which may extend to seventy-five thousand rupees, or both.
(7) Nothing in this Act shall be deemed to
exclude the jurisdiction of a Labour Court of a province or the Court of a
Magistrate to try a case under this section if it is authorized to do so by
general or special order of the Commission.
68. Penalty
for committing breach of settlement.—Whoever
commits any breach of any term of any .settlement, award or decision which is
binding on him under this Act shall be punishable—
(a) for the
first offence, with imprisonment which may extend to thirty days or fine which
may extend to thirty thousand rupees, or with both; and
(b) for each
subsequent offence, with fine which may extend to seventy-five thousand rupees.
69. Penalty
for failing to implement settlement, etc.—Whoever wilfully fails to implement any term of any settlement, award
or decision which is his duty under this Act to implement shall be punishable
with imprisonment which may extend to fifteen days or a fine which may extend
to thirty thousand rupees, or with both 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.
70. Penalty
for false statement, etc.—Whoever
wilfully 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 wilfully neglects or fails to
maintain or furnish any list, document or information he is required to
maintain or furnish, under this Act or the rules made thereunder shall be
punishable with imprisonment which may extend to fifteen days or fine which may
extend to seventy-five thousand rupees, or with both.
71. Penalty
for discharging officer of trade union in certain circumstances, etc.—Any employer who contravenes the provision of Section
64 shall be punishable with imprisonment which may extend to fifteen days or
fine which may extend to thirty thousand rupees, or with both.
72. Penalty
for embezzlement or misappropriation of funds.—Any officer or any employee of a registered trade
union, guilty of embezzlement or misappropriation of trade union funds, shall
be liable to imprisonment which may extend to thirty days and shall also be
liable to a fine which shall not exceed the amount found by the Court to have
been embezzled or misappropriated. Upon realisation, the amount of fine shall
be reimbursed by the Court to the trade union concerned.
73. Penalty
for obstructing inspector.—Whoever
wilfully obstructs an inspector in the exercise of any power under Section 29,
or fails to produce on demand by an inspector any register or other document in
his custody required by him under the provisions of this Act, or conceals or
prevents any worker in an establishment from appearing before or being examined
by an inspector, shall be punishable with fine which may extend to seventy-five
thousand rupees.
74. Penalty
for contravening Section 27 or Section 28, etc.—(1) Whoever contravenes the provisions of Section 27
or Section 28 shall be punishable with imprisonment which may extend to fifteen
days or fine which may extend to one hundred thousand rupees, or with both.
(2) No Court shall take cognizance of any offence punishable under
sub-section (1) except upon a complaint in writing made by the Registrar.
75. Penalty
for other offences.—Whoever
contravenes, or fails to comply with, any of the provisions of this Act shall,
if no other penalty is provided by this Act for such contravention or failure,
be punishable with fine which may extend to ten thousand rupees.
76. Offences
to be non-cognisable.—Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) no
police officer shall be competent to arrest without warrant an employer or a
worker for an offence under this Act.
77. Offences
by corporation.—Where the person
guilty of any offence under this Act is a company or other body corporate,
every director, manager, secretary or other officer or agent thereof shall,
unless he proves that the offence was committed without his knowledge or
consent or that he exercised all due diligence to prevent the commission of the
offence, be deemed to be guilty of such offence:
Provided that,
where a company has intimated to Government in writing the name of any of its
directors resident in Pakistan whom it has nominated for the purpose of this
section and the offence is committed while such director continues to be so
nominated, only such director shall be so deemed to be guilty of such offence.
78. Trial of
offences.—Save as provided in this
Act, no Court other than a Labour
Court or that of a Magistrate of the first class,
as the case may be, shall try any offence punishable under this Act.
79. 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.
CHAPTER—X
SUPPLEMENTAL
SUPPLEMENTAL
80. Conformity with Ratified International
Conventions.—The Government may
co-ordinate with the provinces before enacting any law or rules for the
effective enforcement of obligations of the State to international
labour-related and employer related Conventions so ratified by the State and in
case of difference of opinion, shall refer such matter, to the Council of
Common interests for decision.
81. Law of
conspiracy limited in application.—No
officer or member of a registered trade union or a collective bargaining agent
as certified by the Registrar shall be liable to punishment under sub-section
(2) of Section 120-B of the Pakistan Penal Code, 1860 (XLV of 1860), in respect
of any agreement made between the members thereof for the purpose of furthering
any such object of the trade union as is specified in its constitution, unless
the agreement is an agreement to commit an offence, or otherwise violates any
other law for the time being in force.
82. Immunity
from civil suit in certain cases.—(1)
No suit or other legal proceedings shall be maintainable in any civil Court against
any registered trade union or a collective bargaining agent or any officer or
member thereof in respect of any action done in contemplation or furtherance of
an industrial dispute to which the trade union is a party on the ground only
that such act induces some other person to break a contract of employment, or
that it is an interference with the trade, business or employment of some other
person or with the right of some other person to dispose of his capital or of
his labour as he desires.
(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.
83. Enforceability of agreement.—Notwithstanding anything contained in any other law
for the time being in force, an agreement between the members of a trade union
shall not be void or voidable by reason only that any of the objects of the
agreement are in restraint of trade:
Provided that
nothing in this section shall enable any civil Court to entertain any legal
proceedings instituted for the express purpose of enforcing, or covering
damages for the breach of any agreement concerning the conditions on which any
member of a trade union shall or shall not sell their goods, transact business
or work, employ or be employed.
84. Registrar,
etc., to be public servants.—A
Registrar, a Conciliator, the Chairman and a Member of the Commission shall be
deemed to be a public servant within the meaning of Section 21 of the Pakistan
Penal Code (Act XLV of 1860).
85. 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.
86. Power to
make rules,—(1) The Government may
make rules for carrying out the purposes of this Act.
(2) Rules made under this section may provide
that a contravention thereof shall be punishable with fine which may extend to
ten thousand rupees.
87. Act to
override other laws.—The provisions
of this Act shall have effect notwithstanding anything to the contrary
contained in any other law for the time being in force.
88. Repeal
and savings.—The Industrial Relations
Act, 2008 (IV of 2008), having been repealed by virtue of sub-section (3) of
Section 87 thereof, notwithstanding the repeal of the said Act, hereinafter to
be called the repealed Act, and without prejudice to the provisions of Sections
6 and 24 of the General Clauses Act, 1897 (X of 1897)—
(a) every
trade union of an establishment or industry located in the Islamabad Capital
Territory, or in more than one province and existing immediately before the
commencement of this Act, which was registered under the repealed Act shall be
deemed to be registered under this Act and its constitution shall continue in
force until altered or rescinded;
(b) anything
done, rules made, notification or order issued, officer appointed Court
constituted, notice given, proceedings commenced or other actions taken under
the repealed Act shall be deemed to have been done, made, issued, appointed,
constituted, given, commenced or taken, as the case may be, under the
corresponding provisions of this Act; and
(c) any
document referring to the repealed Act relating to industrial relations shall
be construed as referring to the corresponding provisions of this Act.
89. Former
registration offices, officers, etc., to continue.—(1) The offices existing at the commencement of this
Act for registration of trade unions shall be continued as if they had been
established under this Act.
(2) Any person appointed to any office under,
or by virtue of the provisions of the repealed Act shall be deemed to have been
appointed to that office under or by virtue of this Act.
(3) Any books of accounts, book, paper,
register or document kept under the provisions of the repealed Act relating to
companies shall be deemed to be part of the books of accounts, book, paper,
register or document to be kept under this Act.
90. 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 this Act, as may appear to it to be necessary for the
purpose of removing the difficulty:
Provided that no
such power shall be exercised after the expiry of six months from the coming
into force of this Act.
91. Rights
and duties of employers and workers.—The
employers and workers shall within the bounds of this Act and other laws for
the time being in force shall abide by a code of conduct to respect their
rights and duties in accordance with the guidelines in Schedule II.
SCHEDULE—I
PUBLIC UTILITY SERVICES
[See Section 2(xxv)]
1. The
generation, production, manufacture, or supply of electricity, gas, oil or
water to the public.
2. Any system of public conservancy or
sanitation.
3. Hospitals and ambulance services.
4. Fire-fighting service.
5. Any postal, telegraph or telephone
service.
6. Railways and Airways.
7. Ports.
8. Watch
and Ward Staff and security services maintained in any establishment.
SCHEDULE—II
RIGHTS AND DUTIES OF EMPLOYERS AND WORKERS
[See Section 91]
Rights and Duties of Workers and Employers
Workers and employers to respect each others’ rights: Without prejudice to the provision of this Act and
any other labour law in vogue, workers and employers in each establishment will
respect each others’ rights and the rights of the enterprise to reasonable
returns on investments and to expansion and growth. Such rights, among other,
will include the following:—
Employers’
Rights and Duties
a. Right to conduct business.—The employer has the right to manage, control and use
enterprise property and conduct its business in any manner considered prudent
and satisfactory by it.
b. Right to manage.—The employer has the right to manage the enterprise
effectively and efficiently by finding the best use of its available resources,
including human resource, in most prudent and fruitful manner in the general
interest of the enterprise.
c. Duties of the Employer.—(i) While exercising the right to conduct business and
the right to manage the enterprise, it will be duty of the employer to act in
accordance with the principles and guidelines provided under the law.
(ii) The
employee will implement all laws, including labour laws, in letter and spirit.
(iii) The employer
will protect and safeguard the interest and welfare of its workers to obtain
maximum productivity and output to the mutual advantage of the enterprise.
(iv) The
Employer will respect the workers’ rights to decent work, wages, decent living
and quality of life, subject to the resources of the enterprise.
Workers’ Rights and Duties
a. Right to work, wage and welfare.—It is the right of a worker to work according to the
job assigned and to receive wages as per agreed terms and conditions of
employment and to such welfare benefits and safety measures as one is entitled
to according to law, agreement settlement and/or award.
b. Right to Freedom of association and
collective bargaining and other rights secured or guaranteed under the
Industrial Relations Act, 2011, and other laws.—Worker has unfettered right to enjoy the benefits
guaranteed to him under the law, rules, settlement, agreement, award and in
line with the principles of social justice.
c. Duties of the Workers.—(i) Worker will perform their duties, as assigned by
the employer or his representatives, according to his best ability with due
diligence, care, honesty and commitment.
(ii) Worker
will fully observe norms of organizational discipline.
(iii) Worker,
in exercise of his right, will fully respect the rights of the employer and
will fully cooperate with the employer in efficient conduct of the business of
the establishment.
d. Mutual obligations of employers and
workers,—(1) Both employers and
workers will promote and foster an atmosphere of trust confidence and
understanding for each others’ viewpoint and will at the first place make every
effort not to let conflict arise among their relationship and if and when a
conflict arises they will make every effort to resolve the same by bilateral
negotiation at the establishment level.
(ii) Both
employers and workers will accept the same degree of responsibility for
industrial relations as for other functions within their respective
establishment and will establish formal and informal climate of communication
and social dialogue on at the establishment level for discharging the
responsibility.
(iii) Both
employers and workers will strive to develop good industrial relations within
the framework of efficiency in the establishment.
(iv) Both
employers and workers take all reasonable steps to ensure compliance with
agreements and agreed procedures so that the objectives of productivity and
growth are served in atmosphere of industrial peace.
(v) Both
employers and workers in their mutual interaction will demonstrate mutual
respect for each other and will not indulge in any act or insinuation to show
person disrespect in any form in keeping with the Islamic tradition of love,
fraternity, brotherhood and accepted social norms and civilized society.
e. Incentives and Recognition for Promoting
Good Industrial Relations.—Such
establishment, which maintains a track record of good industrial relations
through bilateral efforts of employers and workers and their representative
organizations in the establishment, shall be recognized by the Government as a “Model
Organisation in Industrial Relations” to be determined on the basis of such
criterion and in such manner as may be prescribed in the rules to be provided
for the purpose. Such recognition shall be in the form of a Certificate
prescribed for the purpose which will entitle the establishments and their
unions to inscribe the word “Model Organisation in Industrial Relations” on
their letter-heads and official logo and monograms.
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home
No comments:
Post a Comment