BALOCHISTAN
PROVINCIAL ASSEMBLY SECRETARIAT
NOTIFICATION.
Dated Quetta, the 26th October,
2010.
No. PAB/Legis: V (14)/
2010. Balochistan Industrial Relations Bill No. 14 of 2010 having
been passed by the Provincial Assembly of Balochistan on 14th
October, 2010 and assented to by the Governor, Balochistan on 15th
October, 2010 is hereby published as an Act of the Provincial Assembly of
Balochistan.
BALOCHISTAN INDUSTRIAL RELATIONS ACT, 2010.
ACT NO. XIV of 2010.
(First published after having received
the assent of the Governor of Balochistan in the Balochistan Gazette. (Extra
ordinary) dated 15th October, 2010.
AN
ACT
to
consolidate and rationalize the law relating to formation of trade unions, and
improvement of relations between employers and workman
WHEREAS it is
expedient to consolidate and rationalize the law relating to formation of trade unions, regulation of relations
between employers and workman and the avoidance and settlement of any
differences or disputes arising between
them or matters connected therewith and ancillary thereto;
It is hereby enacted as follows:-
1.
Short title, extent, application and
commencement.- (1) This Bill may be called the
Balochistan Industrial Relations Act, 2010.
(2)
It extends to
the whole of Balochistan excluding tribal areas.
(3)
It shall come
into force at once.
(4)
It shall apply
to all persons employed in any establishment or industry
to the extent of Balochistan, but shall not apply to any person employed‑
(a)
in the Police or any of the Defense
Services of Pakistan or any services or installations exclusively connected
with or incidental to the Armed Forces of Pakistan including an Ordnance Factory maintained by the Federal
Government except those run on commercial basis;
(b)
in the
administration of the State other than those employed as workmen by the Railway
and Pakistan Post;
(c)
as a member of
the Security Staff of the Pakistan International Airlines Corporation, or drawing wages in
pay group, not lower than group V, in
the establishment of that Corporation as the Federal Government may, in the
public interest or in the interest of security of the Airlines, by notification in the official Gazette, specify in
this behalf;
(d)
by the Pakistan
Security Printing Corporation or the
Security Papers Limited;
(e)
by an establishment or institution
for the treatment or care of sick, infirm,
destitute or mentally unfit persons excluding
those run on commercial basis;
(f)
as a member of
the Watch and Ward, Security or Fire Service Staff of an oil refinery, an airport or seaport;
and
(g)
as a member of the Security or Fire
Service Staff of an establishment engaged in the production, transmission or distribution of natural gas or liquefied
petroleum gas.
2.
Definitions.- In this Act unless there is anything
repugnant in the subject or context,-
(a)
“arbitrator”
means a person appointed as such under section 47;
(b)
“award” means the determination by a
Labour Court , Arbitrator or Appellate
Tribunal of any industrial dispute or any matter relating thereto and includes an interim award;
(c)
“collective bargaining agent” in
relation to an establishment or industry,
means the trade union of the workmen which under section 24, is the
agent of workmen in the establishment or, as the case may be, industry, in the matter of collective bargaining;
(d)
“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;
(e)
“Commission”
means the Industrial Relations Commission constituted under section 25;
(f)
“conciliation
proceedings” means any proceedings before a conciliator;
(g)
“Conciliator”
means,-
(i)
in respect of disputes which the Commission
is competent to adjudicate and determine, a
person appointed as such under sub-section (2) of section 43; and
(ii) in respect of other disputes, a person appointed as such under sub-section (1) of that section;
(h) “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‑
(i)
an heir, successor or assignor, as the case may be, of such person or body as aforesaid;
(ii) any person responsible for the
management, supervision and control of
the establishment;
(iii) in
relation to an establishment run by or under the authority of any department of
the Federal Government or Provincial Government,
the authority appointed in this behalf or, where no authority is so appointed, the Head of the department;
(iv) in relation to an establishment run by
or on behalf of a local authority, the officer appointed in this behalf, or
where no officer is so appointed, the chief executive officer of that authority;
Explanation.- For the purpose of distinction from the category of “workers” or “workmen”, officers and employees
of a department of the Federal Government or a Provincial Government or local authority who belong to the superior,
managerial, secretarial, directorial, supervisory or agency staff and who have
been notified for this purpose in the
official Gazette shall be deemed to fall within the category of “employers”; and
(v)
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;
(i)
“establishment” means any office, firm, factory, society, undertaking, company, shop, premises or
enterprise, which employs workmen directly or through
a contractor for the purpose of carrying on
any business or industry and includes all its departments and branches,
whether situated in the same place or in different places and except in section
30 includes a collective bargaining unit, if
any, constituted by any establishment or group of establishments;
(j)
“executive”
means the body, by whatever name called, to which the management of the affairs of a trade union is entrusted
by its constitution;
(k)
“Government” means Government of Balochistan.
(l) “illegal lock-out”
means a lock-out declared, commenced or continues
otherwise than in accordance with the provisions of this Act;
(m)
“illegal strike” means a strike declared, commenced or continues otherwise than
in accordance with the provisions of this Act;
(n) “industrial dispute” means
any dispute or difference between employers
and employers or between employers and workmen or between workmen and workmen
which is connected with the employment or
non-employment or the terms of employment or the conditions of work of
any person, and is not in respect of the enforcement
of such right guaranteed or accrued to him by or under any law other than this Act, or any award or settlement for the time being in force;
(o) “industry” means any business,
trade, manufacture, calling, service,
employment or occupation of producing goods or services for sale excluding
those set up for charitable purposes;
(p)
“inspector” means an inspector appointed under this Act;
(q)
“Labour Court ” means a Labour
Court established under section 52;
(r) “lock-out” means
the closing of place of employment or part of such
place, or the suspension, wholly or partly, of work by an employer, or refusal,
absolute or conditional, by an employer to continue to employ any number of
workmen employed by him, where such closing,
suspension or refusal occurs in connection with an industrial dispute or is intended for the purpose of compelling workmen employed to accept certain terms
and conditions of or affecting
employment;
(s)
“officer” in relation to a trade union, means
any member of the executive thereof but does not include an auditor or legal
adviser;
(t)
“organization” means any organization of workers or of employers for furthering and defending the interests of
workers or of employers;
(u)
“prescribed” means prescribed by rules;
(v)
“public utility service” means any of the services specified in the Schedule;
(w)
“registered trade union” means a trade union registered
under this Act;
(x)
“Registrar” means a Registrar of trade unions appointed under section 14;
(y)
“rules” means rules made under this Act;
(z) “settlement” means a
settlement arrived at in the course of a conciliation
proceeding, and includes an agreement between an employer and his workmen
arrived at otherwise than in the course of
any conciliation proceedings, where such agreement is in writing, has
been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to the Provincial
Government, the Conciliator and such other person as may be prescribed;
(aa) “strike” means a cessation of
work by a body of persons employed in
any establishment acting in combination or a concerted refusal, or refusal under a common understanding of any
number of persons who are or have been
so employed to continue to work or to
accept employment;
(bb)
“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;
(cc)
“Tribunal” means a Labour Appellate Tribunal constituted under section 55; and
(dd) “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 express or implied, and, for
the purpose of any proceedings under this Act in relation to an industrial
dispute includes a person who has been dismissed, discharged, retrenched, laid-off or otherwise removed from employment in
connection with or as a consequence
of that dispute or whose dismissal, discharge, retrenchment, lay-off, or
removal has led to that dispute but does not
include any person who is employed mainly in managerial or administrative capacity.
3. Trade unions and freedom of
association.- Subject to the provisions of this
Act and notwithstanding any other law for the time being in force,-
(a)
workers, without distinction
whatsoever, shall have the right to establish and, subject to the rules of the
organization concerned, to join
associations of their own choice without previous authorization:
Provided that no worker shall be
entitled to be a member of more than one trade union at any one time and on
joining another trade 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
other 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 other organizations and
confederations of workers’ and employers’
organizations.
4. Application for registration.- Any trade union may, under the
signature of its
President and the Secretary, apply to the Registrar for registration of the trade union under this Act.
5. Requirements
for application.- Every application for registration of Trade
Union shall be made to the Registrar and shall be accompanied by‑
(a)
a statement showing‑
(i)
the name of the trade union and the
address of its Head Office;
(ii)
date of
formation of the union;
(iii)
the titles, names, ages, addresses
and occupations of the officers of the
trade union;
(iv)
statement of
total paid membership;
(v)
the name of the
establishment or group of establishments, or the industry, as the case may be, to which the trade
union relates along
with a statement of the total number of workers employed therein;
(vi)
the names and
addresses of the registered trade unions in the establishment group of establishments or industry, as
the case may be, to which the union
relates;
(vii)
in case of a
federation of trade unions, the names, addresses and registration number of
member-unions; and
(viii) in case of confederation of
federations, the names, addresses and registration numbers of member
federations.
(b)
three copies of the constitution of
the trade union together with a copy of the
resolution by the members of the
trade union adopting such constitution
bearing the signature of the Chairman of
the meeting;
(c)
a copy of the
resolution by the members of the trade union
authorizing its President and the Secretary to apply for its registration; 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.
(e)
in case of a
confederation of federations, a copy of the resolution from each of the
constituent federation agreeing to become a member of the confederation.
6.
Requirements for registration.- (1) A trade union shall not be entitled to registration under this Act unless the constitution
thereof provide for the following
matters, 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 group establishments or the
industry for which the trade union has been formed;
(e)
the conditions
under which a member shall be entitle to any benefit assured by the constitution of the trade union and under
which any fine or forfeiture may be imposed on him;
(f)
the maintenance of a list of the
members of the trade union and of adequate facilities for the inspection
thereof by the officers and members of the trade union;
(g)
the manner in which the constitution
shall be amended, varied or rescinded;
(h)
the safe
custody of the funds of the trade union, its annual audit, the manner of audit and adequate facilities for inspection
of the account books by the officers and members of the trade union;
(i)
the manner in
which the trade union may be dissolved;
(j)
the manner of election of officers
by the general body of the trade union and the term, not exceeding two years,
for which an officer may hold office upon his election or re-election;
(k)
the procedure for expressing no
confidence in any officer of the trade union; and
(l)
the meeting of the executive and of
the general body of the trade union so that the executive shall meet at least
once in every three months and the general body at least once a year.
(2) Without
prejudice to the provisions of sub-section (1), a trade union of workmen
shall not be entitled to registration under this Act -
(a)
unless all its members are workmen
actually engaged or employed in the industry with which the trade union is
connected; and
(b)
where there are two or more
registered trade unions in the establishment,
group of establishments or industry with which the trade union is
connected, unless it has as its members not less than one-fifth of the total
number of workmen employed in such establishment, group of establishments or industry, as the case may be.
7. Disqualification for being an officer of a trade
union.- Notwithstanding
anything contained in the constitution or rules of a trade union, a person who
has been convicted of offence under section-77 of the Act or heinous offence under the Pakistan Penal Code (Act No. XLV of
1860) shall be disqualified from being elected as, or from being, an
officer of a trade union.
8.
Registered trade union to maintain register, etc.-Every registered trade
union shall maintain in such form as may be prescribed‑
(a)
a register of members showing
particulars of subscriptions paid by each
member;
(b)
an accounts
book showing receipts and expenditure; and
(c)
a minute book
for recording the proceedings of meetings.
9. Registration.- (1) The Registrar, on being satisfied
that the trade union has complied
with all the requirements of this Act, shall register the trade union in a prescribed register and issue a
registration certificate in the prescribed form within
a period of fifteen days from the date of receipt of the application. In case the application is found by the Registrar to be
deficient in a material respect he shall communicate in writing his
objections to the trade union within a period of fifteen days from the receipt of the application and the trade union
shall reply thereto within a period
of fifteen days from the receipt of the objections.
(2)
When the
objections raised by the Registrar have been satisfactorily
met, the Registrar shall register the trade union as provided in subsection (1) and issue a certificate of
registration in the prescribed form within three days of the date of the
objections having been so met. In case the objections are not satisfactorily met, the Registrar may reject the application.
(3)
In case the
application has been rejected or the Registrar has delayed disposal of the application beyond the period of
fifteen days provided in sub-section (1) or
has not issued a certificate of registration within a period of three
days as provided in sub-section (2), as the case may be, the trade union may
appeal to the Labour Court who for reasons to be stated in its judgment may
pass an order directing the Registrar to
register the trade union and to issue a certificate of registration or may
dismiss the appeal.
(4)
Notwithstanding
anything contained in any other provision of this
Act, every alteration made in the constitution of a registered trade union and
every proceeding of election of its officers or change of its officers shall be
notified by registered post by the trade union to the Registrar within fifteen days of such election or change for
approval.
(5)
The Registrar
may refuse to register such election of officers or change of officers or
alteration or change made in the constitution if it is in contravention of any of the
provisions of this Act, or if it is in violation of the constitution of the
trade union.
(6)
Subject to the provision of
sub-section (5), every inclusion or exclusion
of any constituent unit of a federation of trade unions shall be notified by
registered post by the federation to the Registrar within fifteen days of such inclusion or exclusion.
(7)
In case there is a dispute in
relation to the election of the officers or change of officers or alteration
made in the constitution of a trade union, the member or officer of any trade
union is aggrieved by the refusal of the Registrar under sub-section (5), any
office bearer or member of the trade union may apply or appeal to the Labour
Court, who shall within seven days of receipt of the application or appeal, as
the case may be, pass an order either directing the Registrar to register the
change or alteration in the constitution or in the officers of the trade union
or may, for reasons to be recorded in
writing, direct the registrar to hold fresh elections of the union under his supervision.
10.
Transfer,
etc., of officer of trade union during pendency of application for registration.- Save
with the prior permission of the Registrar, no officer of a trade union of
workmen shall be transferred, discharged, dismissed or otherwise punished
during the pendency of an application for registration of the trade union with
the Registrar, provided that the union has notified the names of its officers
to the employer in writing.
11.
Certificate of registration.- The Registrar, on registering a trade union under section 9, shall issue a certificate of
registration in the prescribed form which
shall be conclusive evidence that trade union has been duly registered under this Act.
12.
Cancellation of
registration.- (1) The
registration of a trade union shall be cancelled if the Labour Court so directs
upon a complaint in writing made by the
Registrar that the trade union has‑
(a)
contravened or has been registered
in contravention of any of the provisions
of this Act or the rules;
(b)
contravened
any of the provisions of its constitution; or
(c)
made in its
constitution any provision which is inconsistent with this Act or the rules.
(2) Where any person who is
disqualified under section 7 from being elected
as, or from being, an officer of a trade union is elected as an officer of a
registered trade union, the registration of that trade union shall be cancelled
if the Labour court, upon a complaint in writing made in this behalf by the
Registrar, so directs.
(3) The registration
of a trade union shall be cancelled by the Registrar if, after holding such inquiry as he deems fit, he finds
that such trade union:
(a)
has dissolved itself or has ceased to exist; or
(b)
has not been a contestant in a referendum for the determination of collective
bargaining agent; or
(c) has not
applied for determination of collective bargaining agent under section 24 (2)
within two months of its registration as another union or promulgation of this
Act, whichever is earlier, provided there does not already exist a collective
bargaining agent determined under section 24(9)(e) in an establishment, or
group of establishments or industry; or
(d) has
secured less than fifteen percent of polled votes as per final list of voters,
during a referendum for the determination of collective bargaining agent.
13.
Appeal against cancellation.- Any trade union aggrieved by an order passed‑
(a)
by the Labour Court under
sub-section (1) or sub-section (2) of section 12 may prefer appeal to the
Tribunal within thirty days of the passing
of the said order; or
(b)
by the Register
under sub-section (3) of section 12 may prefer appeal
to the Labour Court within thirty days of
the passing of the said order.
14.
Registrar of trade unions.- For the purpose of this
Act, the Provincial Government shall, by notification in the official Gazette,
appoint as many persons as it considers necessary to be Registrars of trade
unions and, where it appoints more than one Registrars, shall specify in the
notification the area within which each one of them shall exercise and perform
the powers and functions under this Act.
15.
Powers and functions of Registrar.- The Registrar shall have the following powers and functions:-
(a)
the registration of trade unions
under this Act and the maintenance of a
register for the purpose;
(b)
to lodge, or authorize any person to
lodge, complaints with the Labour Court or Commission for action, including
prosecution, against trade unions, employers, workers or other persons for any
alleged offence or any unfair labour practice or violation of any provision of
the Act or for expending the funds of a trade union in contravention of the provisions of its constitution;
(c)
the
determination of the question as to which one of the trade unions in an establishment or an industry is entitled to be
certified as the collective bargaining agent
in relation to that establishment or
industry.
(d)
give notice of, and declare, a
strike in accordance with the provisions of this Act; and
(e)
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
(f)
such other powers and function as may be prescribed.
16.
Incorporation of
registered trade union.- (1) Every registered trade union shall be a body corporate by the name under which
it is registered, shall have perpetual succession and a
common seal and the power to contract and to acquire, hold and dispose of
property, both movable and immovable, and shall by the said name sue or be sued.
(2) The Societies Registration Act,
1860 (XXIV of 1860), the Cooperative Societies Act, 1925 (W.P. Act VII of 1925) and the Companies Ordinance, 1984 (XLVII of 1984), shall
not apply to any registered trade union and the registration of any trade union under any of the
aforesaid Acts shall be void.
17.
Unfair labour practices on the part
of employers.- (1) No employer or trade union of
employers and no person acting on behalf of either shall‑
(a) impose any condition in a
contract of employment seeking to restrain
the right of a person who is a party to such contract to 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)
participate in
the promotion, formation or activities of a trade union;
(e)
induce any person to refrain from becoming, or to cease to be a member or
officer of a trade union, by conferring or offering to confer any advantage on, or by procuring or offering to procure any advantage for such person or any other
person;
(f)
compel or
attempt to compel any officer of the collective bargaining
agent to arrive at a settlement by using intimidation, coercion, pressure,
threat, confinement to a place, physical injury, disconnection of water, power and telephone facilities and such other methods;
(g)
interfere with or in any way
influence the balloting provided for in section
24;
(h)
recruit any new workman during the
period of a notice of strike under section 44
or during the currency of a strike which is not illegal except where the
Conciliator having been satisfied that complete
cessation of work is likely to cause serious damage to the machinery or installation, has permitted temporary
employment of a limited number of workmen in the section where the
damage is likely to occur;
(i)
close down the whole of the
establishment in contravention of Standing
Order 11-A of the Industrial and Commercial Employment (Standing Orders)
Ordinance, 1968 (W.P. Ord. VI of 1968); or
(j)
Commence, continue, instigate or
incite others to take part in , or expend or supply money or otherwise act in
furtherance or support of, an illegal
lockout.
(2) Nothing in sub-section (1) shall
be deemed to preclude an employer from requiring that a
person upon his appointment or promotion to managerial
position shall cease to be, and shall be disqualified from being, a member or officer of a trade union of workmen.
18.
Unfair labour practices on the part of a
workmen.- (1) No workmen
or
other person or trade union of workmen shall‑
other person or trade union of workmen shall‑
(a)
persuade a workman to join or
refrain from joining a trade union during
working hours;
(b)
intimidate any
person to become, or refrain from becoming, or to continue to be, or to cease to be a member or
officer of a trade
union;
(c)
induce any person to refrain from
becoming, or cease to be a member or officer of a trade union, by intimidating
or conferring or offering to confer any advantage on, or by procuring or
offering to procure any advantage for such person
or any other person;
(d)
compel or attempt to compel the
employer to accept any demand by using intimidation, coercion, pressure threat,
confinement to, or ouster from, a place,
dispossession, assault, physical
injury, disconnection of telephone, water or power facilities or such
other methods; or
(e)
commence,
continue, instigate or incite others to take part in, or expend or supply money or
otherwise act in furtherance or
support of, an illegal strike or a go-slow.
Explanation.- In clause (e) the expression ‘go-slow’ means an organized, deliberate and purposeful slowing down of normal
output, or the deterioration of the normal quality of work by a body of workmen
acting in a concerted manner, but does not
include the slowing down of normal output, or the deterioration of the
normal quality of work which is due to mechanical defect, breakdown of
machinery, failure or defect in power supply or in the supply of normal materials and spare parts of machinery.
(2) It shall be an unfair practice for
a trade union to interfere with a ballot
held under section 24 by the exercise of undue influence, intimidation,
impersonation or bribery through its executive or through any person acting on
its behalf.
19.
Law of conspiracy limited in
application.- No officer or member of a registered trade union or a collective bargaining
agent as certified by the Registrar shall
be liable to punishment under sub-section (2) of section 120-B of the Pakistan
Penal Code, 1860 (XLV of 1860), in respect of any agreement made between the
members thereof for the purpose of furthering any such object of the trade
union as is specified in its constitution referred to in section 6, unless the
agreement is an agreement to commit an offence, or otherwise violates any other
law for the time being in force.
20.
Immunity from civil suit in certain
cases.- (1) No suit or other legal
proceedings shall be maintainable in any civil court against any registered
trade
union or a collective bargaining agent or any officer or
member thereof in respect of any action done
in contemplation or furtherance of an industrial dispute to which the trade union is a party on the ground only
that such act induces some other person to break a contract of
employment, or that it is an interference with the trade, business or
employment of some other person or with the right of some other person to dispose of his capital or of his
labour as he wills.
(2) A trade union shall not be liable in any suit
or other legal proceedings in any civil court in
respect of any tortuous act done in good faith in contemplation or furtherance of an industrial dispute by an agent of the
trade union if it is proved that such person acted without the knowledge
of, or contrary to express instructions
given by, the executive of the trade union.
21. Enforceability
of agreement.- Notwithstanding anything contained in any other law for the time being in force, an agreement
between the members of a trade union shall not be void or void able by reason
only that any of the objects of the
agreement are in restraint of trade:
Provided that nothing in this section shall enable any
civil court to entertain any legal proceedings
instituted for the express purpose of enforcing, or recovering damages for the
breach of any agreement concerning the conditions on which any member of a
trade union shall or shall not sell their goods, transact business or work, employ or be employed.
22. Registration of
federation of trade union and
confederation-
(1) Any two or more registered trade
unions may, if their respective general bodies so resolved, constitute a federation by executing an instrument of
federation and apply to the Registrar for
the registration of the federation:
Provided
that a trade union of workmen shall not join a federation which comprises a
trade union of employers; nor shall a trade union of employers join a federation which comprises a trade union of
workmen.
(2) Any two or
more registered federations may, if their respective federated trade unions so
resolved, constitute a confederation by executing an instrument of
confederation and apply to the registrar for the registration of the
confederation:
Provided that a federation of trade unions of workmen
shall not join a confederation which comprises a federation of employees; nor
shall a federation of employers join a confederation which comprises a
federation of workmen.
(3) 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 federations as the case may be,
the rights and responsibilities of the federation and the federated trade union or federations.
(4) 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).
(5) An application for the
registration of a confederation shall be signed by the Presidents of all the
federations constituting the confederation or by the officers of these
federations respectively authorized by the federation in this behalf and shall
be accompanied by three copies of the instrument of confederation referred to
in sub-section (2).
(6)
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.
23. Returns- (1) There shall be sent annually to the
Registrar, on or before such date as may be prescribed, a
general statement, audited in the prescribed manner, of all receipts and
expenditure of every registered trade union during the year ending on the 31st
day of December, next preceding such prescribed date, and of the assets and
liabilities of the trade union existing on such 31st day of December, as may be prescribed.
(2)
Together with the general statement
there shall be sent to the Registrar a
statement showing all changes of office bearers made by the trade union during
the year to which the general statement refers, together also with statement of
the total paid membership and a copy of the constitution of the trade union
corrected up to the date of the dispatch thereof to the Registrar.
(3)
A copy of
every alteration made in the constitution of a registered trade union and of a resolution of the
general body having the effect of a provision of the constitution, shall be sent to the
Registrar within fifteen days of the
making of the alteration or adoption of the resolution.
(4)
In case the registered trade union
is member of a federation, the name of the federation shall be given in the
annual statement.
(5)
In case the registered federation is
member of a confederation the name of the confederation shall be given in the
annual statement.
24.
Collective bargaining agent.- (1) Where there is only one registered
trade union in an establishment or a group
of establishments, that trade union shall if it has as its members not less than one-third of the total number of workmen
employed in such establishment or group of establishments or industry
upon an application made in this behalf be certified by the Registrar in the
prescribed manner to be the collective bargaining agent for such establishment
or group of establishments, or industry.
(2)
Where there are more registered
trade unions than one in an establishment
or a group of establishments or industry, the Registrar shall upon an
application made in this behalf by one-fifth of the total number of
workmen employed in such establishment or group of establishments or industry
or by the employer or the Government, hold within fifteen days from the making
of the application, a secret ballot to determine as to which one of such trade
unions shall be the collective bargaining agent
for the establishment or group of establishments or industry.
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 of establishments
or industry; and
(b)
if it so desires, to submit to him
within the time specified in the notice a list of its members showing, in
respect of each member, his parentage, age, the section or department and the place in which he is employed, his ticket
number and the date of his becoming a
member and if union is a federation
of trade unions, a list of its affiliated trade unions together with a
list of members of each such trade union showing in respect of each such member
the said particulars.
(4)
Every employer shall‑
(a)
on being so required by the Registrar,
submit a list of all workmen employed in the establishment or group of
establishments or industry excluding those whose
period of employment in the establishment or group of establishments or
industry is less than three months and showing, in respect of each workman,
his parentage, age, the section or department and the place in which he is employed, his ticket number and the date
of his employment in the establishment or group of establishments or industry;
and
(b)
provide such facilities for
verification of the lists submitted by him and the trade unions as the
Registrar may require:
Provided
that, in computing the period of three months referred to in clause (a) in the case of a workman employed in
a seasonal factory within the meaning
of section 4 of the Factories Act, 1934 (XXV of 1934), the period during which he was employed in that
factory during the preceding season shall also be taken into account.
(5)
The Registrar shall, after
verification of the lists submitted by the trade unions, prepare a list of
voters in which shall be included the name of every workman whose period of
employment as computed in accordance with sub-section (4), is not less than
three months and who is a member of any of the contesting trade unions and
shall, at least four days prior to the date
fixed for the poll, send to each of the contesting trade unions a
certified copy of the list of voters so prepared.
(6)
Every workman who is a member of any
of the contesting trade unions and whose name appears in the list of voters
prepared under sub-section (5) shall be
entitled to vote at the poll to determine the collective bargaining agent.
(7)
Every employer shall provide all
such facilities in his establishment as may
be required by the Registrar for the conduct of the poll but shall not
interfere with, or in any way influence, the voting.
(8)
No person shall canvass for vote
within a radius of fifty meters 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 or industry unless the number of votes received by it is not less than one-third of
the total number of workmen employed in such establishment or group of
establishments or industry.
Provided further that, if no trade union secures such
number of votes in the first poll, a second
poll shall be held between the trade unions which secure the two highest
numbers of votes in the first poll and the trade union which secures a majority
of the votes cast at the second poll shall be certified in the prescribed
manner to be the collective bargaining agent:
Provided
further that, if the number of votes secured by two or more trade unions securing
the highest number of votes is equal, further poll hall be held between them
until one of them secures a majority of the votes cast at such further poll.
(10)
If no trade union indicates under clause (a) of sub-section (3) that it desires
to be a contestant in the secret ballot, the Registrar shall certify the trade
union which has made the application under sub-section (2) to be the collective
bargaining agent.
Provided
that no trade union shall be certified to be collective bargaining agent for an
establishment or group of establishments or industry under sub-section (10)
unless it has as its members not less than one third of the total numbers of
the workmen employed in the establishment or group of establishments or
industry.
(11)
where a registered trade union has been certified under clause (e) of
sub-section (9) to be the collective bargaining agent for an establishment or
group of establishments or industry, no application for the determination of
the collective bargaining agent for such establishment or group of
establishments or industry shall be entertained within a period of two years
from the date of such certification except where the registration of such
certification except where the registration of such a registered trade union is
cancelled before the expiration of the period.
(12) A collective bargaining agent may, without prejudice
to its own position, plead
as a party to any proceedings under this Act to which it is itself a party or any federation of trade
unions of which it is a member.
(13) The collective bargaining agent in relation to an
establishment or group of establishments or industry
shall be entitled to‑
(a)
undertake collective bargaining with
the employer or employers on matters connected with employment, non-employment,
the term of employment or the conditions of work other than matters which
relate to the enforcement of any right guaranteed or secured to it or any
workman by or under any law, other than this
Act, or any award or settlement;
(b)
represent all
or any of the workmen in any proceeding;
(c)
give notice of, and declare, a
strike in accordance with the provisions of this Act; and
(d)
nominate
representatives of workmen on the Board of Trustees
of any welfare institutions or Provident Funds and of the Workers Participation
Fund established under the Companies Profits
(Workers Participation) Act, 1968(XII of
1968).
(14) The Registrar may authorize in writing an officer to
perform all or any of his functions
under this section.
25. Industrial Relations Commission.- (1) The Government shall constitute an Industrial Relations
Commission.
(2)
The Commission shall consist of not
less than five members, including the
Chairman.
(3)
The qualification for appointment as
a member or as the Chairman of the
Commission shall be such as may be determined by the Government.
(4)
The Chairman and other members of
the Commission shall be appointed by the
Government.
(5)
Two of the members shall be
appointed in the prescribed manner to advise the Chairman, one to represent the
employers and the other to represent industry-wise trade unions, federations of
such trade unions and federations at the provincial level.
(6)
The Chairman of the Commission may,
in addition to the representatives of
workers appointed to the Commission, co-opt, in cases where he deems it necessary, from amongst workers
belonging to federations at the provincial level such representatives of
workers as he may deem fit.
(7)
The worker's
representative co-opted under sub-section (6) shall be entitled to such honorarium as the Government may, on the
advice of the Chairman of the Commission, determine.
(8)
The following
shall be the functions of the Commission, namely.—
(a)
to promote the formation of trade
unions of workers within the same industry
and federation of such trade unions;
(b)
to adjudicate and determine a
industrial dispute to which an industry-wise
trade union or a federation of such trade unions is a party and which is
not confined to matters of purely local
nature and any other industrial dispute which is, in the opinion of the
Government, of national importance and is referred to it by that Government;
(c)
to adjudicate and determine a
industrial dispute to which an industry-wise
trade union or a federation of such trade unions is a party and which is
not confined to matters of purely local
nature and any other industrial dispute which is, in the opinion of the
Government, of national importance and is referred to it by that Government;
(d)
to register industry-wise trade
unions, federations of such trade unions and federations;
(e)
to determine the
collective bargaining agents amongst industry-wise
trade unions, federations of such trade unions and federations;
(f)
to try offences punishable under‑
(i)
section 72
other than sub-section (1) and (6) thereof;
and
(ii)
any other
section, in so far as they relate to employers or workers in relation to an industry-wise trade union, a federation of such trade unions, a federation
at the provincial level or officers of such union
or federation;
(g) to deal with cases of unfair
labour practices specified in sections
17 and 18 on the part of employers, workers, trade unions of either of them or
persons acting on behalf of any of them, whether committed individually or
collectively, in the manner laid down under section 41 or section 50 or in such
other way as may be prescribed, and to take, in such manner as may be prescribed by regulations under section 31, measures calculated to prevent an employer or workman
from committing an unfair labour practice; and
(h) such other
powers and functions as the Government may, by notification in the official Gazette, assign to it
from time to
time.
(9)
The Commission may, on the application of a party, or of its own motion‑
(a)
initiate prosecution, trial or proceedings, or take action, with regard
to any matter relating to its functions;
(b)
withdraw from
a Labour Court any application, proceedings or appeal relating to unfair labour practice; or
(c)
grant such
relief as it may deem fit including interim injunction.
(10)
For the purpose of dealing with a case of unfair
labour practice of which the Commission is seized, the
Commission may‑
(a)
proceed directly with the case;
(b)
ask the Registrar within whose
jurisdiction the case has occurred or is likely to occur to enquire into it and
submit a report; or
(c)
refer the case to a Labour Court within whose jurisdiction the case has
occurred or is likely to occur, either for report or for disposal.
(11) The Labour Court to whom the case is so
referred shall enquire into it and, if
the case was referred to it for report, forward its report thereon to the Commission or, if the case was
referred to it for disposal, continue the proceedings and dispose of the case as if the proceedings
had originally commenced before it and grant such
relief as the Commission has the power to grant.
(12) Save as provided in sub-sections (11)
and (13) no Registrar, Labour
Court or Tribunal shall take any action,
or entertain any application or proceedings, in respect of any matter which
falls within the jurisdiction of the Commission.
(13) Nothing in this section
shall be deemed to exclude the jurisdiction of
a Labour Court to entertain cases of
unfair labour practices on the part of employers
or workmen, whether individually or collectively:
Provided
that no Court, including Labour Court, shall take any action or entertain any application or proceedings in
respect of a case of unfair labour practice
which is being dealt with by the Commission.
Explanation.-In this section and in the succeeding provisions of
this Act, the expressions “industry-wise trade union” “federation of such trade
unions” and "federation at the
provincial level" refer to a trade union membership of which extends to establishments in more than one town
and a federation of trade unions whose membership extends to registered
trade unions in more then one town.
26.
Benches of the Commission, etc.- (1) The Chairman shall exercise general superintendence over its
affairs.
(2)
for the efficient performance of the functions of the Commission,
the Chairman shall constitute‑
the Chairman shall constitute‑
(a)
a Full Bench of the Commission which
shall consist of not less than three members of the Commission; and
(b)
as many other
Benches of the Commission consisting of one
or more members of the Commission as he may deem fit.
(3)
The Benches shall‑
(a)
in relation to cases based on
allegations of unfair labour practices
brought before the Commission for trial of offences, or enforcement of,
or for redress of individual grievances in respect of, any right guaranteed or
secured to any employer or worker by or under any law or any award or
settlement, perform such functions and exercise such powers as are performed
and exercised by a Labour Court; and
(b)
in relation to
industry-wise trade unions, federations of such trade unions, federations at the provincial level
and cases referred to the Commission,
perform such functions and exercise such
powers as are performed and exercised by a Registrar, a Labour Court or
a Tribunal in relation to trade unions and
federations of trade unions within a Province,
and, for this purpose, any reference
in this Act to a "Registrar”, “Labour Court", or as the case may be, "Tribunal" shall
be deemed to be a reference to the appropriate
Bench of the Commission to which such functions are assigned:
Provided that, in the performance of
those functions and in the exercise of those powers, the Benches shall, unless
otherwise provided in this Act, follow the procedure laid down in the
regulations to be made under section 31.
(4) If any member of the Commission is
absent from, or is otherwise unable to
attend any sitting of the commission or of a Bench consisting of more than one members of which he is a member, the
proceedings of the Commission or Bench may continue, and the decision or
award may be given or judgment or sentence may be passed in the absence of such
member, and no act, proceedings, decision, or award of the Commission or Bench
shall be invalid or be called in question
merely on the ground of such absence or of the existence of vacancy in or any defect in the constitution of the
Commission or Bench.
(5)
If the members of a Bench differ in opinion as to the decision to be given on any point,-
(a)
the point shall be decided according
to the opinion of the majority, if there is a majority; and
(b)
If the members
are equally divided, they shall state, the point
on which they differ and the case shall be referred by them to the Chairman for
hearing on such point by one or more of the other members of the Commission,
and such point shall be decided according to
the opinion of the majority of the
members of the Commission who have heard
the case, including those who first heard it:
Provided that if, upon any matter
requiring the decision of a Bench which includes
the Chairman of the Commission as one of its members, there is a difference
of opinion among its members and the members so constituting the Bench are equally divided, the opinion of the
Chairman shall prevail and the decision
of the Bench hall be expressed in terms of the views of the chairman.
(6)
Any order or decision made, award given, sentence passed, power exercised, functions performed or proceedings taken
by any Bench of the Commission in
accordance with-this Act and the order constituting the Bench shall be
deemed to be the order or decision made, award given, sentence passed, power exercised, functions performed or
proceedings taken, as the case may be, by
the Commission.
Explanation.-
In this section, the expression
"The Chairman of the Commission" includes such member of the
Commission to be known as Senior Member as
the Chairman may nominate to perform the functions, and exercise the powers of
the Chairman during his absence.
27. Additional powers of
the Commission.- In addition to the powers which the Commission has under section 26-
(a) the Commission shall have
power to punish any person who
obstructs or abuses its process or disobeys any of its orders or directions, or does anything which tends to prejudice
the case of a party before it, or tends to bring it or any of its members in
relation to proceedings of the Commission
into hatred or contempt, or does anything which, by law, constitutes
contempt of Court, with simple imprisonment which may extend to six months or
with fine which may extend to fifty thousand
rupees, or with both and
(b) for the purposes of any investigation,
enquiry or adjudication to be made by the
commission under this Act, the Chairman or
any member of the commission may at any time between the hours of
sunrise and sunset, and any other person
authorized in writing by the Chairman or any member of the Commission in
this behalf may, after he has given
reasonable notice, enter any building, factory, workshop or other place or
premises whatsoever and inspect the
same or any work, machinery, appliance or article therein or interrogate any person therein in respect of anything situated therein or any matter relevant
to matters before the Commission.
28.
Appeals.-(1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, any person
aggrieved by an award or decision given or a sentence or order determining and
certifying a collective bargaining unit passed by any Bench of the Commission,
other than a Full Bench, may, within thirty
days of such award, decision, sentence or order prefer an appeal to 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; and
(b)
if the appeal
relates to any other matter, have the same power
in relation to the appeal as the Labour Court, the Tribunal or the High Court,
as the case may be, would have had if the
matter to which the appeal relates were a matter in relation to which an appeal can be preferred to the
Labour Court, the Tribunal or the
High Court.
29. Finality of
order.- No court shall entertain any plea as to the jurisdiction of the Commission or as the legality or
propriety of anything done or purporting to be done by the commission or any of
its Benches, and no order, decision, judgment or sentence of the Commission
shall be called in question in any manner,
whatsoever, in or before any Court or other authority.
30.
Determination, etc., of collective bargaining unit.- (1) Where the Commission, on an application made in this
behalf, by a trade union of Workmen or a federation of such trade unions, or on
a reference made by the Government, after holding such inquiry as it deems fit,
is satisfied that for safeguarding the
interest of the workmen employed in an establishment or group of establishments belonging to the same employer
and the same industry, in relation to collective bargaining, it is
necessary, just and feasible to determine one or
more collective bargaining units of such workmen in such establishment or group,
it may, having regard to the distribution of workers, existing boundaries of the components of such establishment, or group,
facilities of communication, general
convenience, sameness or similarity of economic activity and other cognate factors,-
(a) determine and certify one
or more collective bargaining units in such
establishment or group;
(b) Specify the modifications which, in consequence of the
decision under this section, will take effect
in regard to the registration of the trade unions and federations of
trade unions affected by such decision and
certification of collective bargaining agents among such unions and federations, nomination or election
of shop stewards, and workers’ representatives for participation in the
management of the factories, if any, affected by such decision;
(c) specify the date or dates
from and the period, for which all or any of
such changes shall take effect:
Provided that
the date so specified shall not be a date falling
within the period of two years specified in sub-section (11) of section 24 in
its application to a collective bargaining agent certified in respect of an
establishment or establishments:
Provided further that, after the
receipt of a reference for determination of a collective bargaining unit, the
Commission may stop or prohibit the proceedings to determine collective
bargaining agent under section 24 for any
establishment or group of establishments
which is likely to be affected by a decision under this section,
(d) take such measures or issue such
directions to the Registrar as may be necessary to give effect to such modifications; and
(e)
determine and certify a collective bargaining agent for each such unit in accordance with section 24
in so far as applicable and with the necessary
modifications, if such a unit relates to
more than one town, or direct the Registrar to take such action, if such
a unit relates to only one town.
(2)
Where the commission issues any
directions to the Registrar under this section, the Registrar shall comply with
them within such period as the Commission
may from time to time determine.
(3)
After the
certification of a collective bargaining unit, no trade union shall be registered in respect of that unit except for
the whole of such unit and no certification
or proceedings for determination of collective bargaining agent under
section 24 shall take place for a part of a collective bargaining unit or a group of collective bargaining units.
(4)
An order of the Commission under
this section shall have effect notwithstanding
anything to the contrary contained in this Act.
31.
Power to make regulations.- (1)
Subject to the provisions of this Act,
the commission may, with the prior approval of the Government, make such
regulations relating to its procedure and the performance of its functions as
it may deem fit, and the regulations shall
have effect notwithstanding anything inconsistent
therewith contained in the Qanun-e- Shahadat, 1984 (P.O.10 of 1984), the
Code of Criminal procedure, 1898 (Act V of 1898), the code of Civil Procedure,
1908 (Act V of 1908) or any other law for the time being in force.
(2) In particular and without
prejudice to the generality of the foregoing
power, such regulations may provide for all or any of the following matters, namely:-
(a)
registration of
industry-wise trade unions, federations of such
trade unions and federations at the provincial level, and the procedure, for such registration;
(b)
determination
of collective bargaining units;
(c)
determination of collective
bargaining agent from amongst the industry-wise trade unions, federations of
such trade unions or, as the case may be, federations at the provincial level, and the procedure therefore;
(d)
procedure, including rules of
evidence, for adjudication of industrial
dispute;
(e)
procedure,
including rules of evidence, for trial of offences;
(f)
procedure for
dealing with unfair labour practices;
(g)
Superintendence
of the Chairman over the affairs of
the Commission;
(h)
forms of
registers, processes and returns in respect of matters relating to the functions of the Commission; and
(i)
fixing of
places and times of its sitting and deciding whether to sit in public or in
private.
32.
Check off.- (1) if a collective bargaining agent so requests, the
employer of the workmen who are members of a
trade union shall deduct from the wages of the workmen such amounts towards
their subscription to the funds of the trade union
as may be specified, with the approval of each individual workman named in the demand statement furnished by the trade
union.
(2)
An employer making any deductions
under sub-section (1) shall, within fifteen
days of the end of the period for which the deduction have been made,
deposit the entire amount so deducted by him in the account of the trade union
on whose behalf he has made the deductions.
(3)
A collective bargaining agent shall
maintain with a branch of the National Bank
of Pakistan or with a Post Office Savings Bank an account to which shall
be credited the entire amount deducted by the employer under subsection (1) from the wages of the members of the
trade union.
(4)
The employer shall provide
facilities to the collective bargaining agent
for ascertaining whether deductions from the wages of its members are being made under sub-section (1).
33. Shop
steward to act as link between labour and management.- (1) in every establishment in which fifty or more workmen
are employed, shop stewards, from amongst the workmen in a shop, section or
department of the establishment, shall,—
(a)
where there is
a collective bargaining agent in the establishment,
be nominated by it, or
(b)
where there is no collective
bargaining agent in the establishment, be elected at a secret ballot held in
the prescribed manner.
(2)
The employer shall provide all such
facilities in his establishment as
may be required for the holding of a ballot under sub-section (1) but shall not
interfere with, or in any way influence,
the voting.
(3)
A shop steward shall hold office for a period of one year from the date of his election or nomination as the case
may be.
(4)
Any dispute arising out of, or in
connection with, the election of a shop steward shall be referred to the
Registrar whose decision shall be final and binding
on all parties to the dispute.
(5)
The shop steward shall act as a link
between the workers and the employer, assist in the improvement of arrangements
for the physical working conditions and production work in the shop section or
department for which he is elected and help workers in the settlement of their
problems either connected with work or with any such individual grievance of a
workman as is referred to in subsection (1)
of section 41.
34. Workers participation in
management.- (1) in every factory employing fifty persons or more there
shall be elected or nominated workers' representatives to participate to the extent of fifty percent in the management of the
factory:
Provided
that there shall be elected or nominated at least one worker's representative to participate in the management
of such factory:
Provided further that, for the purpose of determining the
number of workers’ representatives in the
management of a factory, fractions equal to, or greater than one half shall be regarded as one and lesser fractions
shall be ignored.
(2)
The workers’ representatives shall be workmen employed in the same factory and shall,-
(a)
where there is a collective
bargaining agent in the factory, be nominated by it, or
(b)
where there is no collective
bargaining agent in the factory, be elected
by simple majority at a secret ballot by all workmen employed in the factory.
(3)
The workers’ representatives shall hold office for a period of two years
from the date of their election or nomination, as the case may be,
(4) The
workers’ representatives shall participate in all the meetings of the management committee constituted in the prescribed
manner and all matters
relating to the management of the
factory, except commercial and financial transaction
may be discussed in such meetings.
(5)
The management
shall not take any decision in the following matters
without the advice in writing of the workers’ representatives, namely:-
(a)
framing of services rules and policy about promotion and discipline of workers;
(b)
changing physical working conditions in the factory;
(c)
in-service
training of workers;
(d)
recreation and
welfare of workers;
(e)
regulation of
daily working hours and breaks;
(f)
preparation of leave schedule; and
(g)
matters relating to the order and
conduct of workers within the factory.
(6)
The workers’
representatives may on their own initiative give advice
in writing concerning the matters specified in sub-section (5) and, where they do so, the management shall convene a meeting
within two weeks of the receipt of the advice to discuss its merits with
them.
(7)
The management shall give reply to
the workers’ representatives within six weeks of the receipt of their advice
given under sub-section (5) or subsection (6) and any such advice shall not be
rejected except by the person holding the highest position in the management of
the factory.
(8)
In case the advice of the workers’
representatives is rejected by the management
of the factory, the matter may, within fifteen days of the advice being
so rejected, be taken up by the collective bargaining agent in the Works
Council for bilateral negotiations and thereupon the provisions of section 42
shall apply as they apply to the settlement of an industrial dispute in
relation to which the views of the employer
or the collective bargaining agent have been communicated to the Works
Council under sub-section (1) of that section.
35.
Joint
management board.- (1) Every
company which owns or manages a factory, and in every factory which is not so
owned or managed, and which employs fifty persons or more, the management shall, in the prescribed
manner set up a joint
management board in which the Workers’ participation shall be to the extent of thirty per cent.
(2)
The employer’s
representatives on the joint management board shall
be from amongst the Directors or senior executives and the workers’
representatives shall be workmen
employed in the factory.
(3)
The joint
management board shall look after the following matters, namely:-
(a)
improvement in production , productivity and efficiency;
(b)
fixation of job and piece-rates;
(c)
planned regrouping or transfer of the workers;
(d) laying down the principles of remuneration and introduction
of new remuneration methods; and
(e) provision of
minimum facilities for such of the workers employed
through contractors as are not covered by the laws relating to welfare of workers.
(4)
The joint
management board may call for reasonable information about the working of the company or factory from its management
and the management shall supply the
information called for.
(5)
The joint
management board shall meet at such intervals as may be prescribed.
(6)
The workers’ representative shall
hold office for such period as may be prescribed.
(7)
In this section,-
(a)
“company” has the same meaning as in
the Companies Ordinance, 1984 (XLVII of
1984); and
(b)
“factory” means
factory as defined in section 2 clause (j) of the Factories Act, 1934 (XXV of
1934); and
(c)
“management”
means the employer.
36. Inspector.-
(1) The inspectors appointed under section 10 of the Factories Act, 1934 (XXV of 1934), and such other
persons, not being Conciliators appointed under this Act, as Government may, by
notification in the official Gazette appoint, shall
be inspectors for ensuring compliance with the provisions of section 34 and
section, 35 within the local limits assigned to each.
(2)
The inspector may‑
(a) at all reasonable hours enter
on any premises and make such examination of any register and
document relating to the provisions of section 34 and section 35 and take on
the spot or otherwise such evidence of any
person, and exercise such other powers of inspection, as he may deem
necessary for discharging his duty;
(b)
call for such information from the
management as he may deem necessary for the discharge of his functions and the
management shall provide the information called for within such period as may
be specified by him; and
(c)
make a
report in writing to the Registrar having jurisdiction of any offence punishable under section 37.
(3)
Every inspector shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code,
1860 (XLV of 1860).
37.
Penalty for
obstructing inspector.- Whoever willfully obstructs an Inspector
in the exercise of any power under section 36, or fails to produce on demand by
an Inspector any register or other document in his custody relating to the provisions of section 34 and section 35 or the
rules, or conceals or prevents any
worker in a factory from appearing before or being examined by an Inspector, shall be punishable with fine which may
extend to fifty thousand rupees.
38.
Penalty for contravening section 34
or section 35, etc.- (1) Whoever contravenes the provisions of section 34 or section 35 shall be
punishable with fine which may
extend to seventy-five thousand rupees.
39.
Works Council.-
(1) In every
establishment in which fifty or more workmen
are employed or were employed on any day in the preceding twelve months, the
employer shall constitute, in the prescribed manner, a Works Council consisting of representatives of the employer and
the workmen so however that the number of the representatives of the workmen is
not less than the number of the
representatives of the employer in the Works Council.
(2) In the case of an establishment
where there are one or more trade unions,
the collective bargaining agent shall nominate the representatives of the workmen on such Works Council:
Provided that where there is no collective bargaining
agent, representatives of workmen on Works
Council shall be chosen in the prescribed manner from amongst the workmen
engaged in the establishment for which the Works
Council is constituted.
40.
Functions of
Works Council.- The functions of
Works Council shall be to promote
measures for securing and preserving good relations between an employer and his workmen and, in particular‑
(a)
to endeavor to maintain continuous
sympathy and understanding between the employer and the workmen;
(b)
to promote settlement of differences and
disputes through bilateral negotiations;
(c)
to promote
security of employment for the workmen and conditions of safety, health and job satisfaction in
their work;
(d)
to take measures for facilitating
good and harmonious working conditions in the
establishment; to provide educational facilities for children of workmen
in secretarial and accounting procedures and to promote their absorption in
these departments of the establishment; and
(e)
to discuss any
other matter of mutual interest with a view to promoting better labour-management relations.
41.
Redress of individual grievances.- (1) A
worker may bring his grievance in respect
of any right guaranteed or secured to him by or under any law or any award or
settlement for the time being in force to the notice of his employer in
writing, either himself or through his shop steward or collective bargaining
agent within three months of the day on
which the cause of such grievance arises.
(2)
Where a worker himself brings his
grievance to the notice of the employer, the
employer shall, within fifteen days of the grievance being brought to his notice, communicate his decision in
writing to the worker.
(3)
Where a worker brings his grievance
to the notice of his employer through his
shop steward or collective bargaining agent, the employer shall, within
seven days of the grievance being brought to his notice, communicate his decision in writing to the shop steward or as the
case may be the collective bargaining
agent.
(4)
If the employer fails to communicate
a decision within the period specified in sub-section (2) or, as the case may
be sub-section (3), or if the worker is dissatisfied with such decision, the
worker or the shop steward may take the matter to his collective bargaining
agent or the Labour Court or, as the case may be, the collective bargaining
agent may take the matter to the Labour Court, and where the matter is taken to the Labour Court, it shall give a decision
within seven days from the date of the matter being brought before it as
if such matter were an industrial dispute:
Provided that a
worker who desires to so take the matter to the Labour Court shall do so within a period of
two months from the date of the communication of the employer or, as the case may be,
from the expiry of the period mentioned in sub-section (2),
or sub-section (3), as the case may be.
(5) In adjudicating
and determining a grievance under sub-section (4), the Labour Court shall go into all the
facts of the case and pass such orders as may be just and proper in the circumstances of the case.
(6) If a decision under sub-section
(4) or an order under sub-section (5)
given by the Labour Court or a decision of the Tribunal in an appeal against
such a decision or order is not given effect to or complied with within a week
or within the period specified in such order
or decision, the defaulter shall be punishable with imprisonment for a
term which may extend to one year, or with fine
which may extend to fifty thousand rupees, or with both.
(7)
No person shall be prosecuted under sub-section (6) except on a complaint in
writing‑
(a)
by the workman
if the order or decision in his favour is not implemented
within the period specified therein; or
(b)
by the Labour Court or Tribunal, if
an order or decision thereof is not
complied with.
(8) For the purposes of this section, workers having
common grievance
arising out of a common cause of action may make a joint application to the Labour
Court .
42. Negotiations
relating to differences and disputes.-(1) If at any time an employer or a collective bargaining
agent finds that an industrial dispute has arisen
or is likely to arise, the employer or, as the case may be, the collective bargaining agent, may communicate his or its
views in writing either to the Works Council
or to the other party so, however, that, where the views are so communicated
to the Works Council, a copy of the communication shall also be sent to the other party.
(2)
On receipt of the communication
under sub-section (1) the Works Council or
the party receiving it shall try to settle the dispute by bilateral negotiations within ten days of receipt of the
communication or within such further period as may be agreed upon by the
parties and, if the parties reach a settlement,
a memorandum of settlement shall be recorded in writing and signed by both the parties and a copy thereof shall be
forwarded to the Conciliator and the
authorities mentioned in clause (z) of section 2.
(3)
Where a settlement is not reached
between the employer and the collective
bargaining agent or, if the views of the employer or collective bargaining
agent have been communicated under sub-section (1) to the Works Council, there
is a failure of bilateral negotiations in the Works Council, the employer or
the collective bargaining agent may, within seven days from the end of the
period referred to in sub-section (2), serve on the other party to the dispute a notice of lock-out or strike, as the case may
be, in accordance with the
provisions of this Act.
43.
Conciliator.- (1) The Government shall, by
notification in the official Gazette,
appoint as many persons as it considers necessary to be Conciliators for
the purposes of this Act and shall specify in the notification the area within which, or the class of establishments
or industries in relation to which,
each one of them shall perform his functions.
(2) The Government may, by notification in the official Gazette, appoint as many persons as it
considers necessary to act as Conciliators in
such disputes as the Industrial Relations Commission is competent to adjudicate and determine under this Act.
44. Notice
of strike or lock-out.- The period of a notice of lock-out or strike given under sub-section (3) of section
42 shall be fourteen days.
45.
Conciliation after notice of strike
or lock-out.- Where a party to an industrial
dispute serves a notice of strike or lock-out under section 42, it shall,
simultaneously with the service of such notice, deliver a copy thereof to the Conciliator who shall proceed to conciliate in
the dispute and to the Labour Court.
46.
Proceedings before Conciliator.- (1) The Conciliator shall, as soon as possible, call a
meeting of the parties to the dispute for the purpose of bringing about a settlement.
(2)
The parties to
the dispute shall be represented before the Conciliator
by persons nominated by them and authorized to negotiate and enter into an agreement binding on the parties:
Provided
that if, in the opinion of the Conciliator, the presence of the employer or any
officer of the trade union connected with the dispute is necessary in a meeting
called by him, he shall give notice in writing requiring the employer or such officer to appear in person before him at
the place, date and time, specified in the notice and it shall be the
duty of the employer or the officer of the trade
union to comply with the notice.
(3)
The Conciliator
shall perform such functions in relation to a dispute
before him as may be prescribed and may, in particular, suggest to either party
to the dispute such concessions or modifications in its demand as are in the opinion of the Conciliator likely to promote an
amicable settlement of the dispute.
(4)
If a settlement
of the dispute or of any matter in dispute is arrived at in the course of the proceedings before him, the
Conciliator shall send a report thereof to the Provincial Government together
with a memorandum of settlement signed by
the parties to the dispute.
(5)
If no
settlement is arrived at within the period of the notice
of strike or look-out, the conciliation proceedings may be
continued for such further period as may be
agreed upon by the parties.
47. Arbitration.- (1)
If the conciliation fails, the Conciliator shall try to persuade the parties to agree to refer
the dispute to an arbitrator. In case the parties agree, they shall make a joint request in writing
for reference of the dispute to an
arbitrator agreed upon by them.
(2)
The arbitrator to whom a dispute is
referred under sub-section (1) may be a person borne on a panel to be
maintained by Government or any other
person agreed upon by the parties.
(3)
The arbitrator shall give his award
within a period of thirty days from the
date on which the dispute is referred to him under sub-section (1) or such
further period as may be agreed upon by the parties to the dispute.
(4)
After he has made an award, the
arbitrator shall forward a copy thereof to the parties and to the Government
who shall cause it to be published in the
official Gazette.
(5)
The award of the arbitrator shall be
final and no appeal shall lie against it. It
shall be valid for a period not exceeding two years, as may be fixed by the arbitrator.
48. Strike and
lock-out.- (1) If no settlement is arrived at during the course of conciliation proceedings and the parties to the
dispute do not agree to refer it to an arbitrator under section 47, the workmen
may go on strike or, as the case may be, the employer may declare a lock-out,
on the expiration of the period of the notice under section 44 or upon a
declaration by the Conciliator that the conciliation
proceedings have failed, whichever is the later.
(2)
The party
raising a dispute may at any time either before or after the commencement of a strike or
lock-out make an application to the Labour Court 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 with
the consultation of Commission, may with respect to any other strike or
lock-out, by order in writing, prohibit a strike or lock-out at any time before
the expiry of thirty days, if it is satisfied that the continuance of such a
strike or lock-out is causing serious hardship
to the community or is prejudicial to the national interest.
(4)
In any case in which the Government prohibits a strike or lock-out, it
shall forthwith refer the dispute to the
Commission or, as the case may be, to the Labour Court .
(5)
The Commission or, as the case may
be, the Labour Court shall, after giving both
the parties to the dispute an opportunity of being heard, make such award as it
deems fit as expeditiously as possible but not exceeding thirty days from the date on which the dispute referred
to it:
Provided that the Commission or, as the case may be, the Labour Court may also make an interim award on any matter in dispute:
Provided
further that any delay by the Commission or, as the case may be, the Labour Court in making an award shall not affect the
validity of any award made by it.
(6)
An award of the Commission or, as
the case may be, the Labour Court shall be
for such period as may be specified in the award which shall not be more than two years.
49. 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, and the Government in the case of a strike or lock-out relating to
an industrial dispute in respect of any of
the public utility services which the Commission is not competent to
adjudicate and determine, may, by order in writing, prohibit a strike or
lock-out at any time before or after the commencement of the strike or lock-out.
(2) The provisions of sub-sections (4), (5) and (6) of
section 48 shall also apply to an order made under
sub-section (1) above as they apply to an order made under sub-section (3) of that section.
50. Application to Labour Court.-Any collective bargaining agent or any employer may apply to the Labour Court for the
enforcement of any right guaranteed
or secured to it or him by or under any law or any award or settlement.
51.
Raising of
industrial dispute by federation.- (1) Notwithstanding anything
contained in this Act, a federation of industry-wise trade unions or federation
at the provincial level may, if it is a collective bargaining agent raise an industrial dispute affecting all employers or
workers of the establishments represented by that federation and a
decision of the Commission shall be binding on
all such employers and workers.
(2) No collective bargaining agent shall, at any time when
a decision of the
Commission in respect of any matter is effective, be entitled to raise a demand relating to that matter.
52.
Labour Court.- (1) The Government may, by notification
in the official
Gazette, establish as many Labour Courts as it considers necessary and, where it establishes more than one
Labour Court, shall specify in the notification
the territorial limits within which or the industries or classes of cases in respect of which, each one of them shall
exercise jurisdiction under this Act.
(3)
A person shall
not be qualified for appointment as Presiding Officer
unless he has been or is, or is a District Judge or an Additional District Judge:
Provided
that the Government, may in consultation with the High Court of Balochistan,
appoint any person not so qualified to be
the Presiding Officer of a Labour Court.
(a)
adjudicate and determine an
industrial dispute which has been referred to, or brought before it under this
Act;
(b)
enquire into and adjudicate any
matter relating to the implementation or
violation of a settlement which is referred
to it by the Government;
(c)
try offences under this Act and such
other offences under any other law as the Government may, by notification in the official Gazette, specify in
this behalf; and
(d)
exercise and
perform such other powers and functions as are or
may be conferred upon or assigned to it by or under this Act or any other law.
53. Procedure and
powers of Labour Court.- (1) Subject to the provisions of this Act, while trying an offence a Labour
Court shall follow as nearly as possible summary procedure
as prescribed under the Code of Criminal Procedure,
1898 (V of 1898).
(2) A Labour Court shall, for the
purpose of adjudicating and determining
any industrial dispute, be deemed to be a Civil Court and shall have the same
powers as are vested in such Court under the Code of Civil
Procedure, 1908 (Act V of 1908),
including the powers of‑
(a)
enforcing the
attendance of any person and examining him on oath;
(b)
compelling the production of
documents and material objects; and
(c)
issuing
commissions for the examination of witnesses or documents.
(3) A Labour Court shall, for the
purpose of trying an offence under this Act or the Industrial and Commercial Employment
(Standing Orders) Ordinance, 1968
(W.P. Ordinance VI of 1968) have the same powers as are vested in the Court of a Magistrate of the first class
specially empowered under section 30 of the
Code of Criminal Procedure, 1898 (V of 1898).
(4) No
court fee shall be payable for filing, exhibiting or recording any
document in, or obtaining any document from, a Labour
Court .
(5) If the parties
to a case, at any time before a final order is passed by the Labour Court
satisfy the Labour Court that the matter
has been resolved by them amicably and that there are sufficient grounds for
withdrawing the case, it may allow such
withdrawal.
54. Awards
and decisions of Labour Court.- (1) An award or decision of a Labour Court shall be given in writing
and delivered in open Court and two copies thereof shall be forwarded, forthwith to the
Government, provided that if the Federal
Government be a party, two copies of the award or decision shall be forwarded to that Government as well.
(2)
Any party aggrieved by an award
given under sub-section (1) or a decision
given under section 41 or section 50 or a sentence passed under clause (c)
of sub-section (4) of section 52 may prefer an appeal to the Labour Appellate Tribunal within thirty days of the delivery or
passing thereof and the decision of the
Tribunal in such appeal shall be final.
(3) Save as
otherwise expressly provided in this Act, all decisions of, and all sentences passed by a Labour Court , shall be final and shall not be called in question in any manner by or before
any Court or other authority.
55. Labour Appellate
Tribunal.- (1) The Government may, by
notification in the official Gazette, constitute as many Tribunals consisting
of one member as it may consider necessary and, where it constitutes more than
one Tribunal, shall specify in the notification the territorial limits within
which or the class of cases in relation to which, each one of them shall
exercise jurisdiction under this Act.
(2)
The member of the Tribunal shall be
a person who is qualified to be appointed a Judge of High Court and shall be
appointed in consultation with the
High Court on such terms and conditions
as Government may determine.
(3)
The Tribunal
may, on appeal, confirm, set aside, vary or modify the award or decision given under section 41 or section 51
or a sentence passed under clause (c) of sub-section (4) of section 52 and
shall exercise all the powers conferred by
this Act to the Court, save as otherwise provided. The decision of the Tribunal
shall be delivered as expeditiously as possible, within a period of sixty days following the filing of the appeal, provided
such decision shall not be rendered
invalid by reason of any delay in its delivery.
(4)
The Tribunal
may, on its own motion at any time, call for the record
of any case or proceedings under this Act in which a Labour Court within its
jurisdiction has passed an order for the purpose of satisfying itself as to the
correctness, legality, or propriety of such
order, and may pass such order in relation
thereto as it thinks fit:
Provided
that no order under this sub-section shall be passed revising or modifying any order adversely affecting any person
without giving such person a
reasonable opportunity of being heard.
(5)
The Tribunal
shall follow such procedure as may be prescribed.
(6)
The Tribunal shall have authority to
punish for contempt of its authority, or that of any Labour
Court subject to its appellate jurisdiction, as if it were a High Court.
(7)
Any person convicted and sentenced
by the Tribunal under subsection (6) to imprisonment for any period, or to pay
a fine exceeding fifteen thousand rupees,
may prefer an appeal to the High Court.
(8)
A Tribunal may,
on its own motion or on the application of a party,
transfer any application or proceeding from a Labour
Court within its jurisdiction to any other such Labour Court .
(9)
Notwithstanding
anything contained in sub-section (3) if in an appeal preferred to it against the order of a Labour
Court directing the reinstatement of
a workman, the Tribunal makes an order staying the operation of the order of the Labour Court, the
Tribunal shall decide such appeal within twenty days of its being preferred:
Provided that, if such appeal is not decided within the
period aforesaid, the order of the Tribunal shall stand vacated on the expiry
of that period.
56.
Settlements and awards on whom binding.- (1) A settlement arrived at in the course of a conciliation
proceedings, or otherwise between the employer and
the collective bargaining agent or an award of an arbitrator prescribed under
section 47, or an award or decision of a Labour Court delivered
under section 54 or the decision of
the Tribunal under section 55 shall‑
(a)
be binding on
all parties to the industrial dispute;
(b)
be binding on all other parties
summoned to appear in any proceedings before
a Labour Court as parties to the industrial dispute, unless the Court 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 71 exists, the employer shall not
enter into a settlement with any other trade union, and any contravention of
this provision shall be deemed to be an unfair labour practice under section 17.
(2) A settlement arrived at by agreement between the
employer and a trade union otherwise than in the course of conciliation
proceedings shall be binding on the
parties to the agreement.
57. Effective date of
settlement, award, etc..- (1) A
settlement shall become effective‑
(a)
if a date is agreed upon by the
parties to the dispute to which it relates,
on such date; and
(b)
if a date is not
so agreed upon, on the date on which the memorandum of the settlement is signed by the parties.
(2)
A settlement shall be binding for
such period as is agreed upon by the parties but not exceeding two years, and
if no such period is agreed upon for a period
of one year from the date on which the memorandum of settlement is signed
by the parties to the dispute and shall continue to be binding on the parties after the expiry of the aforesaid period until the
expiry of two months from the date on which either party informs the
other party in writing of its intention no longer
to be bound by the settlement.
(3)
An award given
under sub-section (1) of section 54 shall, unless an
appeal against it is preferred to
the Tribunal, become effective on such date and remain effective for such
period, not exceeding two years, as may be specified therein. The Arbitrator, the Labour Court, or, as the case may be, the
Tribunal, shall specify dates from
which the award on various demands shall be effective and the time limit by which it shall be
implemented in each case:
Provided
that if, at any time before the expiry of the said period, any party bound by an award applies to the Labour Court
which made the award for reduction of
the said period on the ground that the circumstances in which the award
was made have materially changed, the Labour Court may, by order made after
giving to the other party an opportunity of being heard, terminate the said period on a date specified in the order.
(4)
A decision of
the Tribunal in appeal under sub-section (3) of section 55 shall be effective from the date of the
award.
(5)
Notwithstanding the expiry of the
period for which an award is to be effective under sub-section (3), the award
shall continue to be binding on the parties until the expiry of two months from
the date on which either party informs the
other party in writing of its intention no longer to be bound by the award.
58. Commencement
and conclusion of proceedings.- (1) A conciliation proceeding shall be deemed to have commenced on the date on
which a notice of strike or lock-out is
received by the Conciliator under section 44.
(2)
A conciliation proceeding shall be deemed to have concluded‑
(a)
where a settlement is arrived at, on
the date on which a memorandum of settlement is signed by the parties to the dispute; and
(b)
where no
settlement is arrived at –
(i)
if the dispute
is refereed to an arbitrator under section
47 on the date on which the arbitrator has given
his award or otherwise; or
(ii)
on the date on
which the period of the notice of strike or lock-out expires.
(3)
Proceedings before a Labour Court shall be
deemed to have
commenced;
commenced;
(a)
in relation to an industrial
dispute, on the date on which an application
has been made under section 48 or section 50, or on the date on which it is referred to the Labour Court by the
Government under section 48 or section 49; and
(b)
in relation to any other matter, on
the date on which it is referred to the
Labour Court.
(4) Proceedings before the Commission
in relation to a dispute referred to it under section 48 or
section 49 or to a dispute raised under section 51 shall be deemed to have commenced on the date on which the reference is
made to it or, as the case may be,
the dispute is raised before it.
(5) Proceedings before the Commission
or a Labour Court shall be deemed to have concluded on the date on which the award or decision is
delivered under sub-section (1) of section 54.
59.
Certain matters to be kept confidential.- There shall not be included in any report, award or decision under
this Act any information obtained by a Registrar,
Conciliator, Labour Court, Arbitrator or Tribunal in the course of any investigation or inquiry as to a trade union or as
to any individual business (whether
carried on by a person, firm or company) which is not available otherwise than through the evidence given before
such authority, if the trade union, person, firm, or company in question
has made a request in writing to the authority that such information shall be
treated as confidential, nor shall such proceedings disclose any such
information without the consent in writing of the Secretary of the trade union or the person, firm or company in question,
as the case may be:
Provided
that nothing contained in this section shall apply to disclosure of any such
information for the purpose of a prosecution under section 193 of the Pakistan Penal Code (Act No. XLV of 1860).
60.
Raising of industrial disputes.- No industrial dispute shall be deemed to exist unless it has
been raised in the prescribed manner by a collective bargaining agent or an employer.
61.
Prohibition of serving notice of
strike or lock-out while proceedings pending.-
No notice of
strike or lock-out shall be served by any party to an industrial dispute while any conciliation proceedings or
proceedings before an Arbitrator or a Labour Court or an appeal to the Tribunal
under sub-section (3) of section 55 are or is pending in respect of any matter
constituting such industrial dispute.
62.
Powers of
Labour Court and Tribunal 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, a
Labour Court an application, under
section 50, the Labour Court may, by an order in writing prohibit continuance of the strike or lock-out.
(2)
When an appeal in respect of any matter arising out of an industrial
dispute is preferred to a Tribunal
under section 55, the Tribunal may, by an order in writing, prohibit
continuance of any strike or lock-out in pursuance of such industrial dispute
which had already commenced and was in existence on the date on which the appeal was preferred.
63.
Illegal strikes and lock-out.- (1) A strike or lock-out shall be
illegal if‑
(a)
it is declared, commenced or
continued without giving to the other party to the dispute, in the prescribed
manner, a notice of strike or lock-out or before the date of strike or lock-out
specified in such notice, or in
contravention of section 61;
(b)
it is declared, commenced or
continued in consequence of an industrial dispute raised in a manner other than
that provided in section 60;
(c)
it is continued in contravention of
an order made under section 48, section 49,
section 62 or sub-section (3) of section 64; or
(d)
it is declared, commenced or
continued during the period in which a
settlement or award is in operation in respect of any of the matters covered by a settlement or award.
(2)
A lock-out declared in consequence of an illegal strike and a strike declared in consequence of an illegal lockout
shall not be deemed to be illegal.
64.
Procedure in cases of illegal strikes or lock-out.-(1) Notwithstanding anything contained in any other provision of this Act or in
any other law for the time being in force, an Officer of the Labour Department
not below the rank of Assistant Director Labour Welfare hereinafter in this
section referred to as the Officer, may make
enquiries in such manner as he may deem fit into an illegal strike or illegal lock-out in a factory and make
a report to the Labour Court.
(2)
After
completing the enquiry the Officer shall serve a notice on the employer and the collective bargaining
agent or the registered trade union concerned with the dispute to appear before the Labour
Court on a date to be fixed by that
Court.
(3)
The Labour Court
may, within ten days following the day on which
it receives a report under sub-section (1), after considering the report and
hearing such of the parties as appear before it, order the strike to be called
off or the lock-out to be lifted.
(4)
If the employer contravenes the
order of the Labour Court under sub-section (3) and the Court is satisfied that
the continuance of the lock-out is causing
serious hardship to the community or is prejudicial to the national
interest, it may issue an order for
the attachment of the factory and for the appointment of an official receiver
for such period as it deems fit, and such period as may be varied from time to time.
(5)
The official receiver shall exercise
the powers of management and may transact business, enter into contracts, give
valid discharge of all moneys received and do or omit to do all such acts as
are necessary for conducting the business
of the factory, establishment or group of establishments.
(6)
The Labour Court may, in appointing
and regularizing the work of an official receiver exercise the powers of a
Civil Court under the Code of Civil Procedure,
1908 (Act V of 1908).
(7)
If the workers contravene the order
of the Labour Court under subsection (3),
the Court may pass orders of dismissal against all or any of the striking
workers and, notwithstanding anything to the contrary contained in this Act, if
the Court, after holding such inquiry as it deems fit, records its finding that
any registered trade union has committed or abetted the commission of such contravention, the finding shall have the effect of
cancellation of the registration of such trade union and debarring all
officers of such trade union from holding office
in that or in any other trade union for the un-expired term of their offices and for the term immediately following:
Provided that the Court may review
its orders if good and sufficient cause is
shown by an affected worker within seven days of such orders of dismissal.
(8)
Subject to any rules made by the
Government in this behalf, the officer may,
for the purpose of enquiry under sub-section (1), within the local
limits for which he is appointed, enter with such assistants, if any, being persons in the service of Pakistan, as he thinks
fit, in a factory, establishment or
group of establishments where he has reason
to believe an illegal strike or lock-out to be in progress, and make such
examination of the premises and plant and of any registers maintained therein
and take on the spot or otherwise such evidence of persons and exercise such
other powers as he may deem necessary for carrying out the purposes of this
section.
(9)
The officer shall have authority to
call any party to such dispute to his office
or secure his presence in the factory, establishment
or group of establishments and shall
also have the power to bind any
party to the dispute to appear before the Labour Court.
(10)
Where a party to an illegal strike
or lock-out, on being required or bound under
this section to appear before the officer or the Labour Court, does not so appear, the officer or Labour Court, as the
case may be, may, besides taking such other action as may be admissible
under this Act, proceed ex parte.
65. Conditions of
service to remain unchanged while
proceedings pending.-(1) No employer shall, while any
conciliation proceedings or proceedings
before an Arbitrator, a Labour Court or Tribunal in respect of an industrial dispute are pending, alter to the
disadvantage of any workman concerned in such dispute, the conditions of
service applicable to him before the commencement
of the conciliation proceedings or of the proceedings before at the Arbitrator,
the Labour Court or Tribunal, as the case may be, nor shall he‑
(a)
save with the permission of the
Conciliator, while any conciliation proceedings
are pending; or
(b)
save with the permission of the
Arbitrator, the Labour Court of Tribunal,
while any proceedings before the Arbitrator, Labour Court or Tribunal are pending 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
Labour Court. However, the terms and conditions of the employment secured by
the workers through collective bargaining, agreements, settlements,
awards and decisions of Courts shall continue to be binding upon the parties
until revised for betterment of workers.
66. Removal of fixed assets.- No employer shall remove any fixed assets of the
establishment during the currency of an illegal lockout or a strike which is
not illegal:
Provided that Labour Court 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.
67.
Protection of certain persons.- (1) No person
refusing to take part or to continue to take
part in any illegal strike or illegal lock-out shall, by reasons of such refusal, be subject to expulsion from any
trade union or to any fine or penalty
or to the deprivation of any right or benefit which he or his legal representatives would otherwise have been entitled,
or be liable to be placed in any respect, either directly or indirectly,
under any disability or disadvantage as compared
with other members of the trade union.
(2) Any contravention of the provisions
of sub-section (1) may be made the
subject matter of an industrial dispute, and nothing in the constitution of a trade union providing the manner in which any
dispute between its executive and members, shall be settled shall apply to any
proceedings for enforcing any right or
exemption granted by sub-section (1). In any such
proceeding, the Labour Court 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 Court thinks
just.
68. Representation
of parties.- (1) A workman who is a party to an industrial dispute
shall be entitled to be represented in any proceedings under this Act by an
officer of a collective bargaining agent and subject to the provisions of
sub-section (2) and sub-section (3) any employer who is a party to an
industrial dispute shall be entitled to be
represented in any such proceedings by a person duly authorized by him.
(2)
No party to an industrial dispute
shall be entitled to be represented by a
legal practitioner in any conciliation proceedings under this Act.
(3)
A party to an industrial dispute may
be represented by a legal practitioner in any proceedings before the Labour
Court, or before an Arbitrator, with the
permission of the Court or the Arbitrator, as the case may be.
69.
Interpretation of settlement and awards.- (1)
If any difficulty or doubt arises as
to the interpretation of any provisions of an award or settlement, it shall be referred to the Tribunal constituted under
this Act.
(2) The Tribunal to which a matter is
referred under sub-section (1) shall
after giving the parties an opportunity of being heard, decide the matter, and its decision shall be final and binding on the
parties.
70.
Recovery of
money due from an employer under settlement or award.- (1) Any
money due from an employer under a settlement, or under an award or decision of the Arbitrator, Labour Court
or Tribunal may be recovered as arrears of land revenue or as a public
demand if, upon the application of the person
entitled to the money, the Labour Court so directs.
(11)
Where any
workman is entitled to receive from the employer any benefit, under a settlement or under
an award or decision of the Arbitrator, Labour Court
or Tribunal, which is capable of being computed in terms of money, the amount
at which such benefit shall be computed may, subject to the rule made under this Act, be determined and recovered as
provided for in sub-section (1) and paid to the workman concerned within
a specified date. Labour Court shall have the powers of Collector Grade-I and
shall exercise such powers of recovery as determined
by it.
71.
Performance of
functions pending ascertainment of collective bargaining agent.- Any act or function which is by this
Act required to be performed by or has been conferred
upon a collective bargaining agent may, until a
collective bargaining agent has been certified under the provisions of this
Act, be performed by a registered
trade union which has been recognized by the
employer or
employers.
72.
Penalty for unfair labour
practices.- (1) Whoever contravenes the provisions of section 10 shall be liable to fine
which may extend to twenty thousand
rupees.
(2)
Whoever contravenes the provisions
of section 17 shall be liable to fine which
may extend to thirty thousand rupees.
(3)
Whoever contravenes the provisions
of section 18, other than those of clause (d) of sub-section (1) thereof, shall
be liable to fine which may extend to twenty
thousand rupees.
(4)
An officer of a
trade union, a workman or person other than a workman
who contravenes or abets the contravention of the provisions of clause (d) of sub-section (1) of section 18 shall be
liable to fine which may extend to thirty
thousand rupees.
(5)
Where the person accused of an
offence under sub-section (4) is an officer of a trade union, the Industrial
Relations Commission may, in addition to any other punishment which it may
award to such person under that sub-section, direct that he shall cease to hold
the office of such officer and be disqualified
from holding any office in any trade union during the term immediately following the term in which he so
ceases to hold office.
(6)
Whoever contravenes the provisions
of section 66 shall be liable to fine which
may extend to fifty thousand rupees.
(7)
Nothing in this Act shall be deemed
to exclude the jurisdiction of a Labour Court 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.
73. Penalty
for committing breach of settlement.- Whoever commits any breach of any term of any settlement, award or decision
which is binding on him under this Act shall be punishable‑
(a)
for the first offence, with fine
which may extend to twenty thousand rupees;
and
(b)
or each subsequent offence; with
fine which may extend to fifty thousand
rupees.
74. Penalty
for failing to implement settlement, etc.- Whoever willfully fails
to implement any term of any settlement, award or decision which it is his duty under this Act to implement shall be
punishable with a fine which may extend to twenty thousand rupees, and,
in the case of continuing failure, with a further fine which may extend to five
thousand rupees for every day after the first during
which the failure continues.
75. Penalty for false statement, etc.- Whoever willfully makes or causes to be
made in any application or other document submitted under this Act or the rules made there under, any statement which he knows or has
reason to believe to be false, or willfully neglects or fails to maintain or
furnish any list, document or information he is required to maintain or
furnish, under this Act or the rules made there
under shall be punishable with fine which may extend to fifty thousand rupees.
76. Penalty
for discharging officer of trade union in certain circumstances, etc.- Any
employer who contravenes the provision of section 65 shall be punishable with fine which may extend to twenty thousand
rupees.
77. Penalty for
embezzlement or misappropriation of funds.- Any officer or any
employee of a registered trade union, guilty of embezzlement or
misappropriation of trade union funds, shall be liable to a fine, double the
amount found by the Court to have been embezzled or misappropriated. Upon
realization, the amount of fine may be reimbursed by the Court to the trade
union concerned.
78.
Penalty for
other offences.- Whoever
contravenes, or fails to comply with,
any of the provisions of this Act shall, if no other penalty is provided by
this Act for such contravention or failure,
be punishable with fine which may extend to five thousand rupees.
79.
Offence to be
non-cognizable.- Notwithstanding
anything contained in the Code of Criminal Procedure, 1898
(Act V of 1898) no police officer shall be competent to arrest without warrant
an employer or a worker for an offence under this Act other than the offence of
illegal strike or illegal lock-out continued in contravention of an order made under sub-section (3) of section 64.
80.
Offences by corporation.- Where the person guilty of any offence under this Act is a
company or other body corporate, every director, manager, secretary or other
officer or agent thereof shall, unless he proves that the offence was committed without his knowledge or consent or
that he exercised all due diligence to prevent the commission of the
offence, be deemed to be guilty of such offence:
Provided that, where a company has intimated to
Government in writing the name of any
of its directors resident in Pakistan whom it has nominated for the purpose of this section and the
offence is committed while such director continues to be so nominated, only such director shall be
so deemed to be guilty of such
offence.
81.
Trial of offences.- Save as provided in this Act, no Court other than a Labour Court or that of a Magistrate of the first
class shall try any offence punishable
under this Act.
82.
Indemnity.- No suit, prosecution or other legal
proceedings shall lie against any
person for anything which is in good faith done or intended to be done in
pursuance of this Act or any rules made under the Act.
83.
Registrar, etc., to be public
servants.- A Registrar, a Conciliator, the
Presiding Officer of a Labour Court, the member of a Tribunal, and the Chairman
and a member of the Commission shall be
deemed to be a public servant within the
meaning of section 21 of the Pakistan Penal Code (XLV of 1860).
84.
Limitation.- The provisions of section 5 of the
Limitation Act, 1908 (IX of 1908), shall apply in computing
the period within which an application is to be made, or any other thing is to be done, under this Act.
85.
Power to make rules.- (1) The
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 five thousand rupees.
86. Repeal
and savings (1).- The Balochistan Industrial Relations
Ordinance, 2010 (Ordinance No.II of 2010) is hereby repealed.
(2)
Notwithstanding the repeal of Balochistan Industrial Relation Ordinance, 2010
(Ordinance No.II of 2010) and the repeal of earlier Industrial Relation Act
2008 (Act No. IV of 2008), herein referred to as the Repealed Ordinance or Act
and without prejudice to the provisions of sections 4 and 23 of the General
Clauses Act, 1956 (W.P Act VI of 1956).
(a)
every trade union existing
immediately before the commencement of this Act, which was registered under the
Repealed Ordinance or 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 Ordinance or 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 Ordinance or Act relating to industrial relations shall be construed
as referring to the corresponding
provisions of this Act.
87.
Former registration offices, officers, etc., to continue.-(1) The
offices existing at the commencement of this Act for registration of
trade unions shall be continued as if they
had been established under this Act.
(2)
Any person
appointed to any office under, or by virtue of the provisions of the Repealed Ordinance shall be deemed to have
been appointed to that office under or by
virtue of this Act.
(3)
Any books of accounts, book, paper,
register or document kept under the provisions of the Repealed Ordinance
relating to companies shall be deemed to be part of the books of accounts,
book, paper, register or document to be kept under
this Act.
88. 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;
Secretary
Balochistan Provincial Assembly
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