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Pakistan (Punjab) Legislation |
THE
(Act XIX of 2010)
C O N T E N
T S
Section Heading
1. Short title, extent, application and
commencement
2. Definitions.
3. Trade unions and freedom of association.
4. Application
for registration.
5. Requirements
for application.
6. Requirements
for registration.
7. Disqualification for being an office-bearer of a trade
union.
8. Registered
trade union to maintain register.
9. Registration.
10. Transfer
of office-bearer of trade union during pendency of application for registration.
11. Certificate
of registration.
12. Cancellation of
registration.
13. Appeal against cancellation.
14. Registrar of trade
unions.
15. Powers and functions
of Registrar.
16. Incorporation of
registered trade union.
17. Unfair
labour practices on the part of employers.
18. Unfair
labour practices on the part of workmen.
19. Law
of conspiracy limited in application.
20. Immunity
from civil suit in certain cases.
21. Enforceability
of agreement.
22. Registration
of federation of trade unions and confederation.
23. Returns.
24. Collective bargaining agent.
25. Determination
of collective bargaining unit.
26. Appeals.
27. Check off.
28. Shop steward to act
as link between labour and management.
29. Workers Management
Council.
30. Inspector.
31. Penalty for
obstructing inspector.
32. Penalty for
contravening section 29.
33. Redress
of individual grievances.
34. Negotiations relating
to differences and disputes.
35. Conciliator.
36. Notice of strike or
lock-out.
37. Conciliation after
notice of strike or lock-out.
38. Proceedings before
conciliator.
39. Arbitration.
40. Strike and lock-out.
41. Strike
or lock-out in public utility services.
42. Application
to
43. Raising of industrial dispute by federation.
45. Procedure
and powers of
46. Awards
and decisions of
47. Labour Appellate Tribunal.
48. Settlements and awards on whom binding.
49. Effective date of
settlement or award.
50. Commencement and
conclusion of proceedings.
51. Certain matters to be
kept confidential.
52. Raising of industrial disputes.
53. Prohibition
on serving notice of strike or lock-out while proceedings are pending.
54. Powers of
55. Illegal strike or
lock-out.
56. Procedure in case of
illegal strike or lock-out.
57. Conditions
of service to remain unchanged while proceedings are pending.
58. Removal of fixed assets.
59. Protection of certain persons.
60. Representation of
parties.
61. Interpretation of
settlement and awards.
62. Recovery of money due from an employer under
settlement or award.
63. Performance
of functions pending ascertainment of collective bargaining agent.
64. Penalty
for unfair labour practices.
65. Penalty
for committing breach of settlement.
66. Penalty
for failing to implement settlement.
67. Penalty for false statement.
68. Penalty
for discharging office-bearer of trade union in certain circumstances.
69. Penalty
for embezzlement or misappropriation of funds.
70. Penalty
for other offences.
71. Offence
to be non-cognizable.
72. Offences
by corporation.
73. Trial
of offences.
74. Indemnity.
75. Officers
to be public servants.
76. Limitation.
77. Power
to make rules.
78. Provision of certified copies.
79. Repeal and savings.
80. Transfer
of cases from National Industrial Relations Commission.
81. Removal of difficulties.
82. Repeal.
Schedule
[1]THE
(Act XIX of
2010)
[9 December 2010]
An Act to regulate formation of
trade unions, regulation and
improvement of relations between employers
and workmen.
Preamble.- Whereas it is expedient to regulate formation of trade unions
and trade union activities, relations between employers and workmen and the
avoidance and settlement of any differences or disputes arising between them
and ancillary matters;
It is
enacted as follows:-
1. Short title, extent, application and
commencement.- (1) This Act
may be cited as the Punjab Industrial Relations Act 2010.
(2) It extends to the
whole of the
(3) It shall apply to all
persons employed in any establishment or industry, but shall not apply to any
person employed-
(a) in the Police or any of the Defence Services of Pakistan or any services or installations
exclusively connected with or incidental to the Armed Forces of Pakistan
including
an ordnance factory maintained by the Federal Government;
(b) in the administration
of the State other than those employed as workmen by the Railway and Pakistan
Post;
(c) as a member of the security staff of the Pakistan International Airlines
Corporation, or drawing wages in pay group, not lower than group V, in the
establishment of
that Corporation as the Government may, in the public interest
or in the interest of security of the Airlines, by notification in
the official
Gazette, specify in this behalf;
(d) by the Pakistan
Security Printing Corporation or the Security Papers Limited;
(e) by an establishment or institution for the
treatment or care of sick, infirm, destitute or mentally unfit persons
excluding those
run on commercial basis;
(f) as a member of the
watch and ward, security or fire service staff of an oil refinery or an
airport;
(g) as a member of the security or fire service
staff of an establishment engaged in the production, transmission or
distribution of natural
gas or liquefied petroleum gas; and
(h) in an establishment
or institution providing education or emergency services excluding those run on
commercial basis.
(4) It shall come into
force at once.
2. Definitions.- In this Act-
(i) "Arbitrator" means
a person appointed as an Arbitrator under the Act;
(ii) "award" means the
determination by a
(iii) "collective
bargaining agent" in relation to an establishment or group of establishments or
industry, means the trade union of the workmen which
under section 24 is the
agent of workmen in the establishment or group of establishments or industry,
in the matter of collective
bargaining;
(iv) "collective bargaining unit" means those
workers or class of workers of an employer in one or more establishments
falling within the
same class of industry whose terms and conditions of
employment are, or could appropriately be, the subject of collective bargaining
together;
(v) "conciliation
proceedings" means any proceedings before a conciliator;
(vi) "conciliator" means a
person appointed as conciliator under section 35;
(vii) "Council" means the Workers Management Council
set up under section 29;
(viii) "employer" in
relation to an establishment, means any person or body of persons, whether
incorporated or not, who or which employs workmen
in the establishment under a
contract of employment and includes-
(a) an heir, successor or
assignee of such person or body;
(b) any person
responsible for the management, supervision and control of the establishment;
(c) in relation to an establishment run by or
under the authority of any department of the Federal Government or the
Government, the authority
appointed in this behalf or, where no authority is so
appointed, the head of the department;
(d) in relation to an establishment run by or on
behalf of a local authority, the officer appointed in this behalf, or where no
officer
is so appointed, the chief executive officer of that authority;
Explanation.- For the purpose of distinction from the category of "workers" or
"workmen", officers and employees of a department of the Federal
Government or
the Government or local authority who belong to the superior, managerial,
secretarial, directorial, supervisory or
agency staff and who have been
notified for this purpose in the official Gazette shall be deemed to fall
within the category of "employers";
and
(e) in relation to any
other establishment, the proprietor of such establishment and every director,
manager, secretary, agent or officer
or person concerned with the management of
the affairs thereof;
(ix) "establishment" means any office, firm,
factory, society, undertaking, company, shop, premises or enterprise in the
Punjab, which
employs workmen directly or through a contractor for the purpose
of carrying on any business or industry and includes all its departments
and
branches, whether situated in the same place or in different places having a
common balance sheet and except in section 25 includes
a collective bargaining
unit, if any, constituted in any establishment or group of establishments;
(x) "executive" means the
body, by whatever name called, to which the management of the affairs of a
trade union is entrusted by its constitution;
(xi) "Government" means the Government of the
(xii) "group of
establishments" means establishments belonging to the same employer and the
same industry;
(xiii) "illegal lock-out"
means a lock-out declared, commenced or continued otherwise than in accordance
with the provisions of the Act;
(xiv) "illegal strike"
means a strike declared, commenced or continued otherwise than in accordance with
the provisions of the Act;
(xv) "industrial dispute" means any dispute or
difference between employers and employers or between employers and workmen or
between workmen
and workmen which is connected with the employment or
non-employment or the terms of employment or the conditions of work of any
person, and is not in respect of the enforcement of such right guaranteed or
accrued to him by or under any law other than the Act,
or any award or
settlement for the time being in force;
(xvi) "industry" means any
business, trade, manufacture, calling, service, employment or occupation of
producing goods or services for sale excluding
those set up for charitable
purposes;
(xvii) "inspector" means an
inspector appointed under the Act;
(xviii) "
(xix) "lock-out" means the closing of place of
employment or part of such place, or the suspension, wholly or partly, of work
by an employer,
or refusal, absolute or conditional, by an employer to continue
to employ any number of workmen employed by him, where such closing,
suspension
or refusal occurs in connection with an industrial dispute or is intended for
the purpose of compelling workmen employed
to accept certain terms and
conditions of or affecting employment;
(xx) "office-bearer" in relation to a trade union,
means any member of the executive thereof but does not include an auditor or
legal adviser;
(xxi) "organization" means
any organization of workers or of employers for furthering and defending the
interests of workers or of employers;
(xxii) "prescribed" means
prescribed by rules;
(xxiii) "public utility
service" means any of the services specified in the Schedule;
(xxiv) "registered trade
union" means a trade union registered under the Act;
(xxv) "Registrar" means a Registrar appointed under
section 14;
(xxvi) "rules" mean the
rules made under the Act;
(xxvii) "settlement" means a settlement arrived at in
the course of conciliation proceeding, and includes an agreement between an
employer
and his workmen arrived at otherwise than in the course of any
conciliation proceeding, where such agreement is in writing, has been
signed by
the parties thereto in such manner as may be prescribed and a copy thereof has
been sent to the Government, the conciliator and such other person as may be prescribed;
(xxviii) "strike" means a cessation of work by a body
of persons employed in any establishment acting in combination or a concerted
refusal,
or refusal under a common understanding of any number of persons who
are or have been so employed to continue to work or to accept
employment;
(xxix) "trade union" means any combination of workmen
or employers formed primarily for the purpose of regulating the relations
between workmen
and employers, or workmen and workmen or employers and
employers, or for imposing restrictive conditions on the conduct of any trade
or business and includes a federation of two or more trade unions and a
confederation of two or more federations;
(xxx) "Tribunal" means a Labour
Appellate Tribunal constituted under section 47; and
(xxxi) "worker" and "workman" mean a person not
falling within the definition of employer who is employed (including employment
as a supervisor
or as an apprentice) in an establishment or industry for hire
or reward either directly or through a contractor whether the terms
of
employment be express or implied, and, for the purpose of any proceedings under
the Act in relation to an industrial dispute includes
a person who has been dismissed,
discharged, retrenched, laid-off or otherwise removed from employment in
connection with or as a
consequence of that dispute or whose dismissal,
discharge, retrenchment, lay-off, or removal has led to that dispute but does
not
include any person who is employed mainly in managerial or administrative
capacity.
3. Trade unions and freedom of association.- Subject to the provisions of this Act
and notwithstanding any other law:
[2][(i) workers
of an establishment may form and, subject to the rules of the organization, may
join associations of their own choice without
previous authorization;]
(ii) a worker shall not
be entitled to be a member of more than one trade unions at any one time and on
joining another trade union, his
earlier membership of the other trade union
shall stand cancelled;
(iii) employers may
establish and, subject to the rules of the organization, may join associations
of their own choice without previous authorization;
(iv) every trade union
and employers association shall frame its own constitution and rules to elect
its representatives in full freedom to
organize its administration and
activities and to formulate its programmes; and
(v) workers' or
employers' organizations may establish and join federations and confederations
and any such organization, federation or confederation
may affiliate with
international organizations and confederations of workers' or employers'
organizations.
4. Application for registration.- Any trade union may, under the
signatures of its president and secretary, apply to the Registrar for
registration of the trade union
under this Act.
5. Requirements for application.- Every application for registration of trade union
shall be made to the Registrar and shall be accompanied by-
(a) a
statement showing-
(i) the
name of the trade union and the address of its head office;
(ii) date of formation of
the trade union;
(iii) the titles, names,
ages, addresses and occupations of the office-bearers of the trade union;
(iv) statement of total
paid membership;
(v) the name of the
establishment or group of establishments, or the industry to which the trade
union relates along with a statement of
the total number of workers employed
therein;
(vi) the names and
addresses of the registered trade unions in the establishment or group of
establishments or industry to which the trade
union relates;
(vii) in case of a federation of trade unions, the
names, addresses and registration numbers of member trade unions; and
(viii) in case of a
confederation of federations, the names, addresses and registration numbers of
member-federations;
(b) three copies of the
constitution of the trade union together with a copy of the resolution by the
members of the trade union adopting such
constitution bearing the signature of
the chairman of the meeting;
(c) a copy of the
resolution by the members of the trade union authorizing its president and the
secretary to apply for its registration;
(d) in case of a federation of trade unions, a copy
of the resolution from each of the constituent trade union agreeing to become a
member
of the federation; and
(e) in case of a
confederation of federations, a copy of the resolution from each of the
constituent federation agreeing to become a member
of the confederation.
6. Requirements for registration.- (1) A trade union shall not be
entitled to registration under this Act unless the constitution thereof provide
for the following matters-
(a) the name and address
of the trade union;
(b) the objects for which
the trade union has been formed;
(c) the purposes for
which the general funds of the union shall be utilized;
(d) the number of persons forming the executive
which shall not exceed the prescribed limit and shall include not less than
eighty percent
from amongst the workmen actually engaged or employed in the
establishment or group of establishments or the industry for which the
trade
union has been formed;
(e) the conditions under which a member shall be
entitled to any benefit assured by the constitution of the trade union and under
which
any fine or forfeiture may be imposed on him;
(f) the maintenance of a
list of the members of the trade union and of adequate facilities for the
inspection thereof by the office-bearers
and members of the trade union;
(g) the manner in which
the constitution shall be amended, varied or rescinded;
(h) the safe custody of
the funds of the trade union, its annual audit, the manner of audit and
adequate facilities for inspection of the
account books by the office-bearers
and members of the trade union;
(i) the manner in which the trade union may be dissolved;
(j) the manner of election of office-bearers by
the general body of the trade union and the term, not exceeding two years, for
which an
office-bearer may hold office upon his election or re-election;
(k) the procedure for
expressing no confidence in any office-bearer of the trade union; and
(l) the meeting of the executive and of the
general body of the trade union so that the executive shall meet at least once
in every three
months and the general body at least once in a year.
(2) Without prejudice to
the provisions of sub-section (1), a trade union of workmen shall not be
entitled to registration under the Act-
(a) unless all its
members are workmen actually engaged or employed in the establishment or group
of establishments or industry with which the
trade union is connected; [3][* * *]
(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 [4][; and]
[5][(c) if women
are employed as workers in the establishment, group of establishments or
industry with which the trade union is connected,
unless it has included the
female workers in the executive body, not being less than the proportion of
their numerical strength in
the work force of the establishment, group of
establishments or industry."
7. Disqualification
for being an office-bearer of a trade union.- Notwithstanding anything contained in
the constitution or rules of a trade union, a person who has been convicted of
offence under
section 69 or heinous offence under the Pakistan Penal Code 1860
(XLV of 1860) shall be disqualified from being elected as, or from
being, an
office-bearer of a trade union.
8. Registered trade union to maintain
register.- Every registered trade union shall
maintain in such form as may be prescribed:
(a) a register of members
showing particulars of subscriptions paid by each member;
(b) an accounts book
showing receipts and expenditure; and
(c) a minute book for
recording the proceedings of meetings.
9. Registration.- (1) The Registrar, on being satisfied that the trade union has
complied with all the requirements of this Act, shall register the
trade union
in a prescribed register and issue a registration certificate in the prescribed
form within a period of fifteen days
from the date of receipt of the
application.
(2) In case the
application is found by the Registrar to be deficient in a material respect, he
shall communicate in writing his objections
to the trade union within a period
of fifteen days from the receipt of the application and the trade union shall
reply thereto within
a period of fifteen days from the receipt of the
objections.
(3) When
the objections raised by the Registrar have been satisfactorily met, the
Registrar shall register the trade union as provided
in sub-section (1) and
issue a certificate of registration in the prescribed form within fifteen days
of the date of the communication
of reply of objections.
(4) In case of further
delay, the Registrar may register the applicant trade union provisionally till
further orders.
(5) In case the replies
to the objections of the Registrar are not satisfactory, the Registrar may
reject the application.
(6) In case the
application has been rejected or the Registrar has delayed disposal of the
application beyond the period of fifteen days
provided in the above
sub-sections or has not issued a certificate of registration within such period
or has not registered the applicant
trade union provisionally, the trade union
may file an appeal in the Labour Court which may, for reasons to be stated in
its judgment, pass an order directing the Registrar to register the trade union
and to issue
a certificate of registration or may dismiss the appeal.
(7) Notwithstanding
anything contained in any other provision of the Act, every alteration or
change made in the constitution of a registered
trade union and every
proceedings of election of its office-bearers or change of its office-bearers
or otherwise, the trade union
shall, by registered post, notify to the
Registrar within fifteen days of such election or change for the approval of
the Registrar.
(8) The Registrar may refuse to register such election
of office-bearers or change of office-bearers or alteration or change made in
the constitution,
if it is in contravention of any of the provisions of the
Act, or if it is in violation of the constitution of the trade union.
(9) Subject to the
provision of sub-section (8), every inclusion or exclusion of any constituent
unit of a federation of trade unions
or confederation of federations, the
federation or confederation shall, by registered post, notify to the Registrar
within fifteen
days of such inclusion or exclusion.
(10) In
case there is a dispute in relation to the election of the office-bearers or
change of office-bearers or alteration made in the
constitution of a trade
union, the Registrar or any trade union aggrieved by the refusal of the
Registrar, any office-bearer or member
of the trade union may [6][apply or appeal to the Labour
Court which shall within seven days of the receipt of the application or appeal],
pass an order either directing the Registrar to
register the change or
alteration in the constitution or in the office-bearers of the trade union or
may, for reasons to be recorded
in writing, direct the Registrar to hold fresh
elections of the trade union under his supervision.
10. Transfer of office-bearer of trade union
during pendency of application for registration.- Save with the prior permission of the Registrar, no office-bearer
of a trade union of workmen shall be transferred, discharged, dismissed
or
otherwise punished during the pendency of an application for registration of
the trade union with the Registrar; provided that
the trade union has notified
the names of its office-bearers to the employer in writing.
11. Certificate of registration.- The Registrar, on registering a trade union under section 9, shall
issue a certificate of registration in the prescribed form which
shall be
conclusive evidence that trade union has been duly registered under this Act.
12. Cancellation of registration.- (1) The
registration of a trade union shall be cancelled, if the Labour
Court so directs upon a complaint in writing made by the Registrar that the
trade union has-
(a) contravened or has
been registered in contravention of any of the provisions of this Act or the
rules;
(b) contravened any of
the provisions of its constitution; or
(c) made in its
constitution any provision which is inconsistent with the Act or the rules.
(2) Where any person who
is disqualified under section 7 from being elected as, or from being, an
office-bearer of a trade union is elected
as an office-bearer of a registered
trade union, the registration of that trade union shall be cancelled if the Labour Court, upon a complaint in writing made in this
behalf by the Registrar, so directs.
(3) The registration of a
trade union shall be cancelled by the Registrar, by giving reasons for such
cancellation in writing, if, after
holding an inquiry, he finds that any trade
union-
(a) has dissolved itself
or has ceased to exist; or
(b) has not been a
contestant in a referendum for the determination of a collective bargaining
agent; or
(c) has not applied for determination of
collective bargaining agent under section 24 (2) within two months of its
registration as another
trade union or from the commencement of the Act,
whichever is earlier, provided there does not already exist a collective
bargaining
agent determined under section 24([7][12])(e) in an establishment, or group of
establishments or industry; or
(d) has secured less than
fifteen percent of polled votes as per final list of voters, during two
consecutive referendums for the determination
of collective bargaining agent.
13. Appeal against cancellation.- Any trade union aggrieved by an order passed-
(a) by the Labour Court
under sub-section (1) or sub-section (2) of section 12 may prefer an appeal to
the Tribunal within thirty days of the passing
of the such order; or
(b) by the Registrar
under sub-section (3) of section 12 may prefer an appeal to the
14. Registrar of trade unions.-
For the purpose of this Act, the Government shall, by notification in the
official Gazette, appoint as many persons as it considers
necessary to be the
Registrars and, where it appoints more than one Registrars, shall specify in
the notification the area within
which each one of them shall exercise and
perform the powers and functions under the Act.
15. Powers and functions of Registrar.- (1) The
Registrar shall have the following powers and functions-
(a) the registration of
trade unions under this Act and the maintenance of a register for the purpose;
(b) to lodge, or authorize any person to lodge,
complaints with the Labour Court for action,
including prosecution, against trade unions, employers, workers or other
persons for any alleged offence or any
unfair labour
practice or violation of any provision of the Act or for expending the funds of
a trade union in contravention of the provisions
of its constitution;
(c) the determination of the question as to which
one of the trade unions in an establishment or group of establishments or an
industry
is entitled to be certified as the collective bargaining agent in
relation to that establishment or group of establishments or industry;
(d) to inspect the accounts and record of the
registered trade unions, or investigate or hold such inquiry in the affairs of
the trade
unions as he deems fit either by himself or through any officer
subordinate to him and to authorize him in writing in this behalf;
and
(e) such other powers and
functions as may be prescribed.
(2) The Government may,
by general or special order, authorize a Registrar to exercise the following
powers-
(a) registration of
industry-wise trade unions, federations of such trade unions and federations at
the provincial level;
(b) registration of trade
unions within the collective bargaining units;
(c) determination of collective bargaining agent
from amongst the industry-wise trade unions, federations of such trade unions
or federations
at the provincial level; and
(d) determination of
collective bargaining agent from amongst the trade unions registered within a
collective bargaining unit.
16. Incorporation of registered trade union.- (1)
Every registered trade union shall be a body corporate by the name under which
it is registered, shall have perpetual succession
and a common seal and the
power to contract and to acquire, hold and dispose of property, both movable
and immovable, and shall,
by the said name, sue or be sued.
(2) The
Societies Registration Act, 1860 (XXI of 1860), the Cooperative Societies Act,
1925 (VII of 1925) and the Companies Ordinance, 1984 (XLVII of 1984), shall not
apply to any registered trade union and the registration of any trade union
under any of these laws shall
be void.
17. Unfair labour
practices on the part of employers.- (1) No
employer or trade union of employers and no person acting on behalf of either
shall-
(a) impose any condition
in a contract of employment seeking to restrain the right of a person who is a
party to such contract to join a trade
union or continue his membership of a
trade union;
(b) refuse to employ or
refuse to continue to employ any person on the ground that such person is, or
is not a member or office-bearer of a
trade union;
(c) discriminate against any person in regard to
any employment, promotion, condition of employment or working condition on the
ground
that such person is, or is not, a member or office-bearer of a trade
union;
(d) dismiss, discharge, remove from employment or
transfer or threaten to dismiss, discharge or remove from employment or
transfer a workman
or injure or threaten to injure him in respect of his
employment by reason that the workman-
(i) is
or proposes to become, or seeks to persuade any other person to become, a
member or office-bearer of a trade union; or
(ii) participates in
the promotion, formation or activities of a trade union;
(e) induce any person to refrain from becoming, or
to cease to be a member or office-bearer of a trade union, by conferring or
offering
to confer any advantage on, or by procuring or offering to procure any
advantage for such person or any other person;
(f) compel or attempt to compel any office-bearer
of the collective bargaining agent to arrive at a settlement by using
intimidation,
coercion, pressure, threat, confinement to a place, physical
injury, disconnection of water, power and telephone facilities and such
other
methods;
(g) interfere with or in
any way influence the balloting provided for in section 24;
(h) recruit any new workman during the period of a
notice of strike under section 36 or during the currency of a strike which is
not illegal except where the conciliator having been satisfied that complete
cessation
of work is likely to cause serious damage to the machinery or
installation, has permitted temporary employment of a limited number
of workmen
in the section where the damage is likely to occur;
(i) close down the whole of the establishment in contravention
of Standing Order 11-A of the Industrial and Commercial Employment (Standing
Orders) Ordinance, 1968 (VI of 1968); or
(j) commence, continue,
instigate or incite others to take part in, or expend or supply money or
otherwise act in furtherance or support of, an
illegal lock-out.
(2) Nothing in
sub-section (1) shall be deemed to preclude an employer from requiring that a
person upon his appointment or promotion
to managerial position shall cease to
be, and shall be disqualified from being, a member or office-bearer of a trade
union of workmen.
18. Unfair labour
practices on the part of workmen.- (1) No workman
or other person or trade union of workmen shall-
(a) persuade a workman to
join or refrain from joining a trade union during working hours;
(b) intimidate any person
to become, or refrain from becoming, or to continue to be, or to cease to be a
member or office-bearer of a trade union;
(c) induce any person to refrain from becoming, or
cease to be a member or office-bearer of a trade union, by intimidating or
conferring
or offering to confer any advantage on, or by procuring or offering
to procure any advantage for such person or any other person;
(d) compel or attempt to compel the employer to
accept any demand by using intimidation, coercion, pressure, threat,
confinement to, or
ouster from a place, dispossession, assault, physical
injury, disconnection of telephone, water or power facilities or such other
methods; or
(e) commence, continue,
instigate or incite others to take part in, or expend or supply money or
otherwise act in furtherance or support of, an
illegal strike or a go-slow.
Explanation.- In clause (e) the
expression 'go-slow' means an organized,
deliberate and purposeful slowing down of normal output, or the deterioration
of the normal quality
of work by a body of workmen acting in a concerted
manner, but does not include the slowing down of normal output, or the
deterioration
of the normal quality of work which is due to mechanical defect,
breakdown of machinery, failure or defect in power supply or in
the supply of
normal materials and spare parts of machinery.
(2) It shall be an unfair
practice for a trade union to interfere with a ballot held under section 24 by
the exercise of undue influence,
intimidation, impersonation or bribery through
its executive or through any person acting on its behalf.
19. Law of conspiracy limited in application.- No
office-bearer or member of a registered trade union or a collective bargaining
agent as certified by the Registrar shall be liable
to punishment under
sub-section (2) of section 120-B of the Pakistan Penal Code 1860 (XLV of 1860),
in respect of any agreement made
between the members thereof for the purpose of
furthering any such object of the trade union as is specified in its
constitution
referred to in section 6, unless the agreement is an agreement to
commit an offence, or otherwise violates any other law.
20. Immunity from civil suit in certain cases.- (1)
No suit or other legal proceedings shall be maintainable in any civil court
against any registered trade union or a collective
bargaining agent or any
office-bearer or member thereof in respect of any action done in contemplation
or furtherance of an industrial
dispute to which the trade union is a party on
the ground only that such act induces some other person to break a contract of
employment,
or that it is an interference with the trade, business or
employment of some other person or with the right of some other person
to
dispose of his capital or of his labour.
(2) A trade union shall
not be liable in any suit or other legal proceedings in any civil court in
respect of any tortuous act done in
good faith in contemplation or furtherance
of an industrial dispute by an agent of the trade union if it is proved that
such person
acted without the knowledge of, or contrary to express instructions
given by the executive of the trade union.
21. Enforceability of agreement.- (1) Notwithstanding
anything contained in any other law, an agreement between the members of a
trade union shall not be void or voidable
by reason only that any of the
objects of the agreement are in restraint of trade.
(2) Nothing in this
section shall enable any civil court to entertain any legal proceedings
instituted for the express purpose of enforcing,
or recovering damages for the
breach of any agreement concerning the conditions on which any member of a
trade union shall or shall
not sell his goods, transact business or work,
employ or be employed.
22. Registration of federation of trade unions
and confederation.- (1) Any two or more registered trade unions may, if
their respective general bodies so resolve, constitute a federation by
executing
an instrument of federation and apply to the Registrar for the
registration of the federation.
(2) Any two or more
registered federations may, if their respective federated trade unions so
resolve, constitute a confederation by executing
an instrument of confederation
and apply to the Registrar for the registration of the confederation.
(3) A trade union of
workmen shall not join a Federation which comprises a trade union of employers;
nor shall a trade union of employers
join a federation which comprises a trade
union of workmen.
(4) A federation of trade
unions of workmen shall not join a confederation which comprises a federation
of employers; nor shall a federation
of employers join a confederation which
comprises a federation of workmen.
(5) An instrument of
federation or confederation referred to in sub-section (1) and sub-section (2)
shall, among other things, provide
for the procedures to be followed by the
federated trade unions and federations, the rights and responsibilities of the
federation
or confederation and the federated trade unions or federations.
(6) An application for
the registration of a federation of trade unions shall be signed by the
presidents of all the trade unions constituting
the federation or by the
office-bearers of these trade unions respectively authorized by the trade
unions in this behalf and shall
be accompanied by three copies of the
instrument of federation referred to in sub-section (1).
(7) An
application for the registration of a confederation shall be signed by the
presidents of all the federations constituting the confederation
or by the
office-bearers of these federations respectively authorized by the federations
in this behalf and shall be accompanied
by three copies of the instrument of
confederation referred to in sub-section (2).
(8) Subject to this
section, the provisions of the Act shall, so far as may be and with the
necessary modifications, apply to a federation
of trade unions and to a
confederation, as they apply to a trade union.
23. Returns.- (1) A
registered trade union shall annually send to the Registrar, on or before such
date as may be prescribed, a general statement,
audited in the prescribed
manner, of all receipts and expenditure of the trade union during the year
ending on the 31st day of December, next preceding such prescribed
date, and of the assets and liabilities of the trade union existing on such 31st
day of December, as may be prescribed.
(2) Together with the
general statement there shall be sent to the Registrar a statement showing all
changes of office-bearers made by
the trade union during the year to which the
general statement refers, together also with statement of the total paid
membership
and a copy of the constitution of the trade union corrected up to
the date of the dispatch thereof to the Registrar.
(3) A copy of every
alteration made in the constitution of a registered trade union and of a
resolution of the general body having the
effect of a provision of the
constitution, shall be sent to the Registrar within fifteen days of the making
of the alteration or
adoption of the resolution.
(4) In case the
registered trade union is member of a federation, the name of the federation
shall be given in the annual statement.
(5) In case the
registered federation is member of a confederation, the name of the
confederation shall be given in the annual statement.
24. Collective
bargaining agent.- (1) Where there is only one registered trade union in an
establishment or a group of establishments or industry, that trade union
shall
if it has as its members not less than one-third of the total number of workmen
employed in such establishment or group of
establishments, or industry upon an
application made in this behalf be certified by the Registrar in the prescribed
manner to be
the collective bargaining agent for such establishment or group of
establishments or industry.
(2) Where there are more
than one registered trade unions in an establishment or a group of
establishments, or industry, the Registrar
shall upon an application made in
this behalf by any such trade union which has as its members not less than
one-fifth of the total
number of workmen employed in such establishment or
group of establishments or industry or by the employer or the Government, hold
within fifteen days from the making of the application, a secret ballot to
determine as to which one of such trade unions shall be
the collective
bargaining agent for the establishment or group of establishments or industry.
(3) The Registrar may, in
the case of a large establishment having its branches in more than one towns, hold the secret ballot within thirty days from the
making of the application.
(4) The Registrar shall
not entertain any application under sub-section (2) in respect of an
establishment or group of establishments,
consisting of, or including, a
seasonal factory within the meaning of section 4 of the Factories Act, 1934
(XXV of 1934), unless
such application is made during the month in which the
number of workmen employed in such factory in a year is usually the maximum.
(5) Upon receipt of an
application under sub-section (2), the Registrar shall, by notice in writing,
call upon every registered trade
union in the establishment or group of
establishments or industry to which the application relates-
(a) to indicate whether it desires to be a
contestant in the secret ballot to be held for determining the collective
bargaining agent
in relation to such establishment or group or industry; and
(b) if it so desires, to submit to him within the
time specified in the notice a list of its members showing, in respect of each
member,
his parentage, age, the section or department and the place in which he
is employed, his ticket number and the date of his becoming
a member and if
union is a federation of trade unions, a list of its affiliated trade unions
together with a list of members of each
such trade union showing in respect of
each such member the said particulars.
(6) Every employer shall-
(a) on being so required by the Registrar, submit
a list of all workmen employed in the establishment or group of establishments
or industry
excluding those whose period of employment in the establishment or
group of establishments or industry is less than three months
and showing, in
respect of each workman, his parentage, age, the section or department and the
place in which he is employed, his
ticket number and the date of his employment
in the establishment or group of establishments or industry; and
(b) provide such
facilities for verification of the lists submitted by him and the trade unions
as the Registrar may require.
(7) In computing the
period of three months referred to in sub-section (6) in the case of a workman
employed in a seasonal factory within
the meaning of section 4 of the Factories
Act, 1934 (XXV of 1934), the period during which he was employed in that
factory during
the preceding season shall also be taken into account.
(8) The Registrar shall,
after verification of the lists submitted by the trade unions, prepare a list
of voters in which shall be included
the name of every workman whose period of
employment as computed in accordance with sub-section (6), is not less than
three months
and who is a member of any of the contesting trade unions and
shall, at least four days prior to the date fixed for the poll, send
to each of
the contesting trade unions a certified copy of the list of voters so prepared.
(9) Every workman who is
a member of any of the contesting trade unions and whose name appears in the
list of voters prepared under sub-section
(8) shall be entitled to vote at the
poll to determine the collective bargaining agent.
(10) Every
employer shall provide all such facilities in his establishment as may be
required by the Registrar for the conduct of the poll
but shall not interfere
with, or in any way influence, the voting.
(11) No
person shall canvass for vote within a radius of fifty meters of the polling
station.
(12) For
the purpose of holding secret ballot to determine the collective bargaining
agent, the Registrar shall-
(a) fix the date for the
poll and intimate the same to each of the contesting trade unions and also to
every employer;
(b) on the date fixed for
the poll, place ballot boxes in the polling station set up for the purpose,
seal the ballot boxes in the presence
of the representatives of the contesting
trade unions;
(c) conduct the poll at
the polling station at which the representatives of the contesting trade unions
shall have the right to be present;
(d) after the conclusion of the poll and in the
presence of such of the representatives of the contesting trade unions, as may
be present,
open the ballot boxes and count the votes; and
(e) after the conclusion
of the count, certify the trade union which has received the highest number of
votes to be the collective bargaining
agent.
(13) A
trade union shall not be certified to be the collective bargaining agent for an
establishment or group of establishments or industry
unless the number of votes
received by it is not less than one-third of the total number of workmen
employed in such establishment
or group or industry.
(14) If
no trade union secures such number of votes in the first poll, a run-off poll
shall be held between the trade unions which secure
the two highest numbers of
votes in the first poll and the trade union which secures a majority of the
votes cast at the run-off
poll shall be certified in the prescribed manner to
be the collective bargaining agent.
(15) If
the number of votes secured by two or more trade unions securing the highest
number of votes is equal, further poll shall be held
between them until one of
them secures a majority of the votes cast at such further poll.
(16) If
no trade union indicates under clause (a) of sub-section (5) that it desires to
be a contestant in the secret ballot, the Registrar
shall certify the trade
union which has made the application under sub-section (2) to be the collective
bargaining agent.
(17) A
trade union shall be certified to be the collective bargaining agent for an
establishment, or group of establishments or industry
under sub-section (16)
unless it has as its members not less than one-third of the total number of the
workmen employed in the establishment
or group of establishments or industry.
(18) Where
a registered trade union has been certified under clause (e) of sub-section
(12) to be the collective bargaining agent for an
establishment or group of
establishments or industry, no application for the determination of the
collective bargaining agent for
such establishment or group of establishments
or industry shall be entertained within a period of two years from the date of
such
certification except where the registration of such a registered trade
union is cancelled before the expiration of the period.
(19) A
trade union, without prejudice to its own position, may apply for impleadment as a party to any proceedings under this Act,
concerning the federation of trade unions of which it is a member.
(20) The
collective bargaining agent in relation to an establishment or group of
establishments or industry shall be entitled to-
(a) undertake collective bargaining with the
employer or employers on matters connected with employment, non-employment, the
terms of
employment or the conditions of work other than matters which relate
to the enforcement of any right guaranteed or secured to it
or any workman by
or under any law, other than the Act, or any award or settlement;
(b) represent all or any
of the workmen in any proceeding;
(c) give notice of, and
declare, a strike in accordance with the provisions of the Act; and
(d) nominate representatives of workmen on the
board of trustees of any welfare institutions or Provident Funds and of the
workers participation
fund established under the Companies Profits (Workers
Participation) Act, 1968 (XII of 1968).
(21) The
Registrar may authorize in writing an officer to perform all or any of his
functions under this section.
25. Determination of collective bargaining unit.- (1) Where the Tribunal, on an
application made in this behalf, by a trade union or a federation of trade
unions, or an employer or
on a reference made by the Government, after holding
such inquiry as it deems fit, is satisfied that for safeguarding the interest
of the workmen employed in an establishment or group of establishments
belonging to the same employer and the same industry, in relation
to collective
bargaining, it is necessary, just and feasible to determine one or more
collective bargaining units of such workmen
in such establishment or group, it
may, having regard to the distribution of workers, existing boundaries of the
components of such
establishment, or group, facilities of communication,
general convenience, sameness or similarity of economic activity and other
cognate factors-
(a) determine and certify
one or more collective bargaining units in such establishment or group;
(b) specify the modifications which, in
consequence of the decision under this section, shall take effect in regard to
the registration
of the trade unions and federations of trade unions affected
by such decision and certification of collective bargaining agents among
such
unions and federations, nomination or election of shop stewards, and workers'
representatives for workers management council
of the establishments, if any,
affected by such decision;
(c) specify the date or dates from and the period,
for which all or any of such changes shall take effect but the date so
specified shall
not be a date falling within the period of two years specified
in sub-section (18) of section 24 in its application to a collective
bargaining
agent certified in respect of an establishment or group of establishments;
(d) stop or prohibit the proceedings to determine
collective bargaining agent under section 24 for any establishment or group of
establishments
which is likely to be affected by a decision under this section; and
(e) take such measures or
issue such directions to a Registrar as may be necessary to give effect to such
modifications.
(2) Where the Tribunal
issues any directions to a Registrar under this section, the Registrar shall
comply with them within such period
as the Tribunal may, from time to time
determine.
(3) After the
certification of a collective bargaining unit, no trade union shall be
registered in respect of that unit except for the
whole of such unit and no
certification or proceedings for determination of collective bargaining agent
under section 24 shall take
place for a part of a collective bargaining unit or
a group of collective bargaining units.
(4) An order of the
Tribunal under this section shall have effect notwithstanding anything to the
contrary contained in this Act.
26. Appeals.- (1)
Notwithstanding anything contained in this Act or in any other law, any person
aggrieved by an order determining a collective
bargaining unit passed by the
Tribunal, may within thirty days of such order prefer an appeal to the Lahore
High Court.
(2) An appeal preferred
to the Lahore High Court under sub-section (1) shall be disposed of by the High
Court which shall have the power
to confirm, set aside, vary or modify such an
order.
27. Check off.- (1)
If a collective bargaining agent so requests, the employer of the workmen who
are members of a trade union shall deduct from the
wages of the workmen such
amounts towards their subscription to the funds of the trade union as may be
specified, with the approval
of each individual workman named in the demand
statement furnished by the trade union.
(2) An employer making
any deductions under sub-section (1) shall, within fifteen days of the end of
the period for which the deductions
have been made, deposit the entire amount
so deducted by him in the account of the trade union on whose behalf he has
made the deductions.
(3) A collective
bargaining agent shall maintain with a branch of the National Bank of Pakistan
or the Bank of Punjab or a Post Office
or a Savings Bank, an account to which
shall be credited the entire amount deducted by the employer under sub-section
(1) from the
wages of the workmen.
(4) The employer shall
provide facilities to the collective bargaining agent for ascertaining whether
deductions from the wages of the
workmen are being made under sub-section (1).
28. Shop steward to act as link between labour and management.- (1) In
every establishment in which fifty or more workmen are employed, shop stewards,
from amongst the workmen in a shop, section
or department of the establishment,
shall-
(a) where there is a
collective bargaining agent in the establishment, be nominated by it, or
(b) where there is no
collective bargaining agent in the establishment, be elected at a secret ballot
held in the prescribed manner.
(2) The employer shall
provide all such facilities in his establishment as may be required for the
holding of a ballot under sub-section
(1) but shall not interfere with, or in
any way influence, the voting.
(3) A shop steward shall
hold office for a period of one year from the date of his election or
nomination.
(4) Any dispute arising
out of, or in connection with the election of a shop steward shall be referred
to the Registrar whose decision
shall be final and binding on all parties to
the dispute.
(5) The
shop steward shall act as a link between the workers and the employer, assist
in the improvement of arrangements for the physical
working conditions and
production work in the shop, section or department for which he is elected or
nominated and help workers in
the settlement of their problems either connected
with work or with any such individual grievance of a workman as is referred to
in sub-section (1) of section 33.
29. Workers Management Council.-
(1) In every establishment employing fifty persons or more, the management
shall set up a Workers Management Council consisting of
not less than six
members in which the workers' participation shall be fifty percent and the
convener of the Council shall be from
the management.
(2) The
employer's representative in the council shall be from amongst the directors or
their nominees or senior executives and the workers'
representatives shall be
workmen employed in the same establishment and shall-
(a) where there is a
collective bargaining agent in the establishment, be nominated by it, or
(b) where there is no
collective bargaining agent in the establishment, be elected by simple majority
at a secret ballot by all workmen employed
in the establishment [8][; and]
[9][(c) if women are employed as workers in the establishment, be
women not less than the proportion of their numerical strength in the work
force of the establishment.]
(3) The workers'
representatives shall hold office for a period of two years from the date of
their election or nomination.
(4) The
workers' representatives shall participate in all the meetings of the Council
and all matters relating to the management of the
establishment, except
commercial and financial transaction, may be discussed in such meetings.
(5) The Council shall
function for securing and preserving good labour
management relation and shall look after the following matters-
(i) improvement in production, productivity and efficiency;
(ii) fixation of job and
piece-rates;
(iii) planned
regrouping or transfer of the workers;
(iv) laying down the
principles of remuneration and introduction of new remuneration methods;
(v) provision of minimum
facilities for such of the workers employed through contractors as are not
covered by the laws relating to welfare of
workers;
(vi) endeavor to maintain
continuous sympathy and understanding between the employer and the workmen;
(vii) settlement of
differences and disputes through bilateral negotiations;
(viii) security of
employment for the workmen and conditions of safety, health and job
satisfaction in their work;
(ix) measures for
facilitating good and harmonious working conditions in the establishment;
(x) provision of
educational facilities for children of workmen in secretarial and accounting
procedures and their absorption in these departments
of the establishment; and
(xi) vocation training
within the establishment.
(6) The management shall
not take any decision in the following matters without the advice in writing of
the workers' representatives-
(a) framing of service
rules and policy about promotion and discipline of workers;
(b) changing physical
working conditions in the establishment;
(c) in-service training
of workers;
(d) recreation and welfare
of workers;
(e) regulation of daily
working hours and breaks;
(f) preparation of leave schedule; and
(g) matters relating to
the order and conduct of workers within the establishment.
(7) The workers'
representatives may, on their own initiative, give advice in writing concerning
the matters specified in sub-section
(6) and, where they do so, the management
shall convene a meeting of the Council within two weeks of the receipt of the
advice to
discuss its merits.
(8) The
management shall give reply to the workers' representatives within six weeks of
the receipt of their advice given under sub-section
(6) or sub-section (7) and
any such advice shall not be rejected except by the person holding the highest
position in the management
of the establishment.
(9) In
case the advice of the workers' representatives is rejected by the management
of the establishment, the matter may, within fifteen
days of the advice being
so rejected, be taken up by the collective bargaining agent for bilateral
negotiations and thereupon the
provisions of section 34 shall apply as they
apply to the settlement of an industrial dispute in relation to which the views
of the
employer or the collective bargaining agent have been communicated to
the Council under sub-section (1) of that section.
(10) The
Council may call for reasonable information about the working of the
establishment from its management and the management shall
supply the
information called for by the Council.
(11) The
Council shall meet at such intervals as may be prescribed.
(12) A
collective bargaining agent or workers in relation to an establishment may
lodge a complaint to the Registrar regarding non setting
up or improper
functioning of the Council.
30. Inspector.-
(1) The inspectors appointed under section 10 of the Factories Act, 1934
(XXV of 1934), and such other persons, not being conciliators
appointed under
this Act, as the Government may, by notification in the official Gazette
appoint, shall be inspectors for ensuring
compliance with the provisions of
section 29 within the local limits assigned to each inspector.
(2) The inspector may-
(a) at all reasonable hours enter on any premises
and make such examination of any register and document relating to the
provisions of
section 29 and take on the spot or otherwise such evidence of any
person, and exercise such other powers of inspection, as he may
deem necessary
for discharging his duty;
(b) call for such information from the management
as he may deem necessary for the discharge of his functions and the management
shall
provide the information called for within such period as may be specified
by the inspector; and
(c) make a report in writing
to the Registrar.
(3) Every inspector shall
be deemed to be a public servant within the meaning of section 21 of the
Pakistan Penal Code 1860 (XLV of 1860).
31. Penalty for obstructing inspector.- A person who
willfully obstructs an inspector in the exercise of any power under section 30,
or fails to produce on demand by an inspector any
register or other document in
his custody relating to the provisions of section 29 or the rules, or conceals
or prevents any worker
in an establishment from appearing before or being
examined by an inspector, he shall be punished with fine which may extend to
fifty
thousand rupees.
32. Penalty for contravening section 29.- (1) A person who contravenes the provisions of
section 29, he shall be punished with fine which may extend to seventy-five
thousand
rupees.
(2) The
33. Redress
of individual grievances.- (1) A worker may bring
his grievance in respect of any right guaranteed or secured to him by or under
any law or any award or settlement
to the notice of his employer in writing,
either himself or through his shop steward or collective bargaining agent
within three
months of the day on which the cause of such grievance arises.
(2) Where a worker brings
his grievance to the notice of the employer, the employer shall, within fifteen
days of the grievance being
brought to his notice, communicate his decision in
writing to the worker.
(3) Where a worker brings
his grievance to the notice of his employer through his shop steward or
collective bargaining agent, the employer
shall, within seven days of the
grievance being brought to his notice, communicate his decision in writing to
the shop steward or
the collective bargaining agent.
(4) If the employer fails
to communicate a decision within the period specified in sub-section (2) or
sub-section (3) or if the worker
is dissatisfied with such decision, the worker
or the shop steward may take the matter to the collective bargaining agent or
the
(5) The collective
bargaining agent may take the matter to the
(6) A worker may, within
a period of sixty days from the date of the communication of the employers'
decision or from the date of the
expiry of the period mentioned in sub-section
(2) or sub-section (3), take the matter to the
(7) In adjudicating and
determining a grievance under this section, the Labour
Court shall go into all the facts of the case and pass such orders as may be
just and proper in the circumstances of the case.
(8) Subject
to the decision of the Tribunal, if a decision under this section given by the Labour Court is not given effect to or complied with within
seven days or within the period specified in the decision, shall be punished
with imprisonment for a term which may extend to three months or with fine
which may extend to five hundred thousand rupees or with
both.
(9) A person shall not be
prosecuted under sub-section (8) except on a complaint in writing by the
workman if the decision in his favour
is not implemented within the period
specified in that sub-section.
(10) For
the purposes of this section, workers having common grievance arising out of a
common cause of action may make a joint application
to the
34. Negotiations relating to differences and
disputes.- (1) If at any time, an employer or a
collective bargaining agent finds that an industrial dispute has arisen or is
likely to arise,
the employer or the collective bargaining agent, may
communicate his or its views in writing either to the Council or to the other
party and if the views are communicated to the Council, a copy of the views
shall also be sent to the other party.
(2) On
receipt of the communication under sub-section (1), the Council or the party
receiving it, shall try to settle the dispute by bilateral
negotiations within
ten days of receipt of the communication or within such further period as may
be agreed upon by the parties and,
if the parties reach a settlement, a
memorandum of settlement shall be recorded in writing and signed by both the
parties and a copy
thereof shall be forwarded to the conciliator and the
authorities mentioned in clause (xxvii) of section 2.
(3) Where
a settlement is not reached between the employer and the collective bargaining
agent or, if the views of the employer or collective
bargaining agent have been
communicated under sub-section (1) to the Council, there is a failure of
bilateral negotiations in the
Council, the employer or the collective bargaining
agent may, within seven days from the end of the period referred to in
sub-section
(2), serve on the other party to the dispute a notice of lock-out
or strike in accordance with the provisions of this Act.
35. Conciliator.- The Government shall, by notification in the official
Gazette, appoint as many persons as it considers necessary to be the
conciliators
for the purposes of this Act and shall specify in the notification
the area within which, or the class of establishments or industries
in relation
to which, each one of them shall perform his functions.
36. Notice of strike or lock-out.- The period of
a notice of lock-out or strike given under sub-section (3) of section 34 shall
be fourteen days.
37. Conciliation after notice of strike or
lock-out.- Where a party to an industrial dispute
serves a notice of strike or lock-out under section 34, it shall,
simultaneously, with the
service of such notice, deliver a copy thereof to the
conciliator who shall proceed to conciliate in the dispute and also forward
a
copy of the notice to the Labour Court.
38. Proceedings before conciliator.- (1) The conciliator shall, as soon as possible, call
a meeting of the parties to the dispute for the purpose of bringing about a
settlement.
(2) The parties to the
dispute shall be represented before the conciliator by persons nominated by
them and authorized to negotiate and
enter into an agreement binding on the
parties.
(3) If
in the opinion of the conciliator, the presence of the employer or any
office-bearer of the trade union connected with the dispute
is necessary in a
meeting called by him, he shall give notice in writing requiring the employer
or such office-bearer to appear in
person before him at the place, date and
time, specified in the notice and it shall be the duty of the employer or the
office-bearer
of the trade union to comply with the notice.
(4) The conciliator shall
perform such functions in relation to a dispute before him as may be prescribed
and may, in particular, suggest
to either party to the
dispute such concessions or modifications in its demand as are in the opinion
of the conciliator likely to promote an amicable
settlement of the dispute.
(5) If a settlement of
the dispute or of any matter in dispute is arrived at in the course of the
proceedings before him, the conciliator
shall send a report thereof to the
Government together with a memorandum of settlement signed by the parties to
the dispute.
(6) If no settlement is
arrived at within the period of the notice of strike or lock-out, the conciliation
proceedings may be continued
for such further period as may be agreed upon by
the parties.
39. Arbitration.- (1)
If the conciliation fails, the conciliator shall try to persuade the parties to
agree to refer the dispute to an Arbitrator.
(2) In case the parties
agree to refer the dispute to an Arbitrator, they shall appoint an Arbitrator
and refer the dispute to the Arbitrator
by agreement in writing.
(3) The Arbitrator to
whom a dispute is referred under sub-section (2) may be a person borne on a
panel to be maintained by the Government
or any other person agreed upon by the
parties.
(4) The Arbitrator shall
give his award within a period of thirty days from the date on which the
dispute is referred to him under sub-section
(2) or such further period as may
be agreed upon by the parties to the dispute.
(5) After he has made an
award, the Arbitrator shall forward a copy thereof to the parties and to the
Government which shall cause it
to be published in the official Gazette.
(6) The award of the
Arbitrator shall be final and no appeal shall lie against it, and it shall be
valid for such period as may be specified
in the award but not exceeding two
years.
40. Strike and lock-out.-
(1) If no settlement is arrived at during the course of conciliation
proceedings and the parties to the dispute do not agree to refer
it to an
Arbitrator under section 39, the workmen may go on strike, the employer may
declare a lock-out, on the expiration of the
period of the notice under section
36 or upon a declaration by the conciliator that the conciliation proceedings
have failed, whichever
is later.
(2) The party raising a
dispute may, at any time, either before or after the commencement of a strike
or lock-out make an application
to the
(3) Where a strike or
lock-out lasts for more than thirty days, the Government may, by order in
writing, prohibit the strike or lock-out.
(4) The Government may,
by order in writing, prohibit a strike or lock-out at any time before the
expiry of thirty days, if it is satisfied
that the continuance of such a strike
or lock-out is causing serious hardship to the community or is prejudicial to
the national
interest.
(5) In any case in which
the Government prohibits a strike or lock-out, it shall forthwith refer the
dispute to the
(6) The Labour Court shall, after giving both the parties to the
dispute an opportunity of being heard, make such award as it deems fit, as
expeditiously
as possible, but not exceeding thirty days from the date on which
the dispute was referred to it.
(7) The
(8) Any delay by the
(9) An award of the
41. Strike
or lock-out in public utility services.- (1) The Government in the case of
a strike or lock-out relating to an industrial dispute in respect of any of the
public utility services
may, by order in writing, prohibit a strike or lock-out
at any time before or after the commencement of the strike or lock-out.
(2) The provisions of
section 40 shall also apply to an order made under sub-section (1) as they
apply to an order of the Government made
under that section.
42. Application to Labour
Court.- Any collective bargaining agent or any
employer may apply to the Labour Court for the redressal of any grievance or enforcement of any right
guaranteed or secured to it or him by or under any law or any award or
settlement.
43. Raising of industrial dispute by federation.- (1) Notwithstanding anything
contained in this Act, a federation of trade unions may, if it is a collective
bargaining agent, raise
an industrial dispute affecting all employers or
workers of the establishments represented by that federation before the
Tribunal
and a decision of the Tribunal shall be binding on all such employers
and workers.
(2) No collective bargaining
agent shall, at any time when a decision of the Tribunal in respect of any
matter is effective, be entitled
to raise a demand relating to that matter.
44. Labour
Court.- (1) The Government may, by notification in
the official Gazette, establish as many Labour Courts
as it considers necessary and, where it establishes more than one Labour Court, shall specify in the notification the
territorial limits within which or the industries or classes of cases in
respect of
which, each one of them shall exercise jurisdiction under this Act.
(3) A person shall not be
qualified for appointment as presiding officer unless he has been or is a
District Judge or an Additional District
Judge.
(a) adjudicate and
determine an industrial dispute which has been referred to, or brought before
it under the Act;
(b) enquire into and
adjudicate any matter relating to the implementation or violation of a settlement
which is referred to it by the Government;
(c) try offences under
the Act and such other offences under any other law as the Government may, by
notification in the official Gazette,
specify in this behalf;
(d) try offences
punishable under section 64;
(e) to deal with cases of unfair labour practices specified in sections 17 and 18 on the
part of employers, workers, trade unions, of either of them or persons acting
on
behalf of any of them, whether committed individually or collectively, in
the manner laid down under section 33 or section 42 or
in such other way;
(f) exercise and perform
such other powers and functions as are or may be conferred upon or assigned to
it by or under the Act or any other law;
and
(g) grant such relief as
it may deem fit including an interim relief.
(4) An interim order
passed by a
45. Procedure and powers of Labour
Court.- (1) Subject to the provisions of this Act, while trying an offence,
a Labour Court shall follow as nearly as possible
summary procedure as prescribed under the Code of Criminal Procedure, 1898 (V of
1898).
(2) A Labour
Court shall, for the purpose of adjudicating and determining any industrial
dispute, be deemed to be a Civil Court and shall have
the same powers as are
vested in such Court under the Code of Civil Procedure, 1908 (V of 1908), including
the powers of-
(a) enforcing the
attendance of any person and examining him on oath;
(b) compelling the
production of documents and material objects; and
(c) issuing commissions
for the examination of witnesses or documents.
(3) A Labour
Court shall, for the purpose of trying an offence under the Act or the
Industrial and Commercial Employment (Standing Orders) Ordinance,
1968 (VI of
1968), have the same powers as are vested in the Court of a Magistrate of the
first class empowered under section 30
of the Code of Criminal Procedure, 1898
(V of 1898).
(4) No court fee shall be
payable for filing, exhibiting or recording any document in a
(5) If the parties to a
case, at any time before a final order is passed by the
46. Awards and decisions of Labour
Court.- (1) An award or decision of a Labour Court shall be given in writing and delivered in
open Court and two copies thereof shall be forwarded, forthwith to the
Government,
provided that if the Federal Government is a party, two copies of
the award or decision shall be forwarded to that Government as
well.
(2) The
Government shall, within a period of thirty days from the receipt of the copies
of the award or decision, publish it in the official
Gazette.
(3) Any party aggrieved
by a final award, decision or sentence under section 33, section 42 or section
44, except an interim order, may,
within thirty days of the communication of
the final award, decision or sentence, prefer an appeal to the Tribunal, whose
decision
thereon shall be final.
(4) Save as otherwise
expressly provided in this Act, all awards, decisions and sentences of a
47. Labour Appellate Tribunal.-
(1) The Government may, by
notification in the official Gazette, constitute as many Tribunals consisting
of one member as it may consider
necessary and, where it constitutes more than
one Tribunals, it shall specify in the notification the territorial limits
within which
or the class of cases in relation to which, each one of them shall
exercise jurisdiction under this Act.
(2) The
member of the Tribunal shall be a person who is or has been a Judge or an
Additional Judge of the Lahore High Court and shall
be appointed on such terms
and conditions as the Government may determine.
(3) The Tribunal may, on
appeal, confirm, set aside, vary or modify the award, decision or sentence
given or passed under section 33,
section 42 or section 44 and shall exercise
all the powers conferred by the Act to the Court, save as otherwise provided.
(4) The decision of the
Tribunal shall be delivered as expeditiously as possible, within a period of
one hundred and twenty days following
the filing of the appeal, provided that
such decision shall not be rendered invalid by reason of any delay.
(5) The Tribunal may, on
its own motion at any time, call for the record of any case or proceedings
under the Act in which a Labour Court within its
jurisdiction has passed an order for the purpose of satisfying itself as to the
correctness, legality, or propriety
of such order, and may pass such order in
relation thereto as it thinks fit.
(6) No order under
sub-section (5) shall be passed revising or modifying any order adversely
affecting any person without giving such
person a reasonable opportunity of being
heard.
(7) The Tribunal shall
follow such procedure as may be prescribed.
(8) The
Tribunal may punish for contempt of its authority, or that of any
(9) Any person convicted
and sentenced by the Tribunal under sub-section (8) to imprisonment for any
period, or to pay a fine exceeding
fifteen thousand rupees, may,
within thirty days, prefer an appeal to the Lahore High Court.
(10) A
Tribunal may, on its own motion or on the application of a party, transfer any
application or proceeding from a
(11) Notwithstanding
anything contained in sub-section (3), if in an appeal preferred to it against
the order of a
(12) If
an appeal under sub-section (11) is not decided within the period of ninety
days, the interim order of the
Tribunal shall stand vacated on the expiration of that period.
48. Settlements
and awards on whom binding.- (1) A settlement
arrived at in the course of a conciliation proceedings, or otherwise between
the employer and the collective bargaining
agent or an award of an Arbitrator
prescribed under section 39, or an award or decision of a Labour
Court delivered under section 46 or the decision of the Tribunal under section
47 shall-
(a) be binding on all
parties to the industrial dispute;
(b) be binding on all
other parties summoned to appear in any proceedings before a
(c) be binding on the heirs, successors or
assignees of the employer in respect of the establishment to which the
industrial dispute relates
where an employer is one of the parties to the
dispute; and
(d) where a collective
bargaining agent is one of the parties to the dispute, be binding on all
workmen who were employed in the establishment
or industry to which the
industrial dispute relates on the date on which the dispute first arose or who
are employed therein after
that date.
(2) Where
a collective bargaining agent or a trade union performing the functions of a
collective bargaining agent under section 63 exists,
the employer shall not
enter into a settlement with any other trade union, and any contravention of
this provision shall be deemed
to be an unfair labour
practice under section 17.
(3) A settlement arrived
at by agreement between the employer and a trade union otherwise than in the
course of conciliation proceedings
shall be binding on the parties to the
agreement.
49. Effective date of settlement or award.- (1) A settlement shall become effective-
(a) if a date is agreed
upon by the parties to the dispute to which it relates, on such date; and
(b) if a date is not so
agreed upon, on the date on which the memorandum of the settlement is signed by
the parties.
(2) A
settlement shall be binding for such period as is agreed upon by the parties
but not exceeding two years, and if no such period
is agreed upon for a period
of one year from the date on which the memorandum of settlement is signed by
the parties to the dispute
and shall continue to be binding on the parties
after the expiry of the aforesaid period until the expiry of two months from
the
date on which either party informs the other party in writing of its
intention no longer to be bound by the settlement.
(3) An award given under
sub-section (1) of section 46 shall, unless an appeal against it is preferred
to the Tribunal, become effective
on such date and remain effective for such
period, not exceeding two years, as may be specified therein.
(4) The Arbitrator, the
(5) If at any time before
the expiry of the period mentioned in sub-section (3) or sub-section (4), any
party bound by an award may apply
to the Labour Court
or the Tribunal for reduction of the said period on the ground that the
circumstances in which the award was made have materially
changed, the Labour Court or the Tribunal may, by order made after
giving to the other party an opportunity of being heard, terminate or reduce
the said
period.
(6) A decision of the
Tribunal in appeal under sub-section (3) of section 47 shall be effective from
the date of the award.
(7) Notwithstanding the
expiry of the period for which an award is to be effective under sub-section
(3) or sub-section (4), the award
shall continue to be binding on the parties
until the expiry of two months from the date on which either party informs the
other
party in writing of its intention no longer to be bound by the award.
50. Commencement and conclusion of proceedings.- (1) A conciliation proceeding shall be deemed to have
commenced on the date on which a notice of strike or lock-out is received by
the conciliator under section 34.
(2) A conciliation
proceeding shall be deemed to have concluded-
(a) where a settlement is
arrived at, on the date on which a memorandum of settlement is signed by the
parties to the dispute; and
(b) where no settlement
is arrived at-
(i) if
the dispute is referred to an Arbitrator under section 39 on the date on which
the Arbitrator has given his award or otherwise; or
(ii) on the date on which
the period of the notice of strike or lock-out expires.
(3) Proceedings before a
(a) in relation to an industrial dispute, on the
date on which an application has been made under section 40 or section 42, or
on the
date on which it is referred to the Labour
Court by the Government under section 40 or section 41; and
(b) in relation to any
other matter, on the date on which it is referred to the
(4) Proceedings before
the Tribunal in relation to a dispute referred to it under section 40 or
section 41 shall be deemed to have commenced
on the date on which the reference
is made to it.
(5) Proceedings before
the Tribunal or a
51. Certain matters to be kept confidential.- (1) There shall not be included in any
report, award or decision under this Act any information obtained by a
Registrar, conciliator,
Labour Court, Arbitrator or
Tribunal in the course of any investigation or inquiry as to a trade union or
as to any individual business
(whether carried on by a person, firm or company)
which is not available otherwise than through the evidence given before such
authority,
if the trade union, person, firm, or company in question has made a
request in writing to the authority that such information shall
be treated as
confidential, nor shall such proceedings disclose any such information without
the consent in writing of the secretary
of the trade union or the person, firm
or company in question.
(2) Nothing contained in
sub-section (1) shall apply to disclosure of any such information for the
purpose of a prosecution under section
193 of the Pakistan Penal Code 1860 (XLV
of 1860).
52. Raising of industrial disputes.- No industrial dispute shall be deemed to exist unless
it has been raised in the prescribed manner by a collective bargaining agent
or
an employer.
53. Prohibition on serving notice of strike or
lock-out while proceedings are pending.- No notice of strike or lock-out shall be served by any
party to an industrial dispute while any proceeding before a conciliator, an
Arbitrator, a
54. Powers of Labour
Court and Tribunal to prohibit strike.- (1) When a
strike or lock-out in pursuance of an industrial dispute has already commenced
and is in existence at the time when, in
respect of such industrial dispute,
there is made to, or is pending before, a Labour
Court an application, under section 42, the Labour
Court may, by an order in writing prohibit continuance of the strike or
lock-out.
(2) When an appeal in
respect of any matter arising out of an industrial dispute is preferred to a Tribunal
under section 47, the Tribunal
may, by an order in writing, prohibit
continuance of any strike or lock-out in pursuance of such industrial dispute
which had already
commenced and was in existence on the date on which the
appeal was preferred.
55. Illegal strike or lock-out.-
(1) A strike or lock-out shall be illegal if-
(a) it is declared, commenced or continued without
giving to the other party to the dispute, in the prescribed manner, a notice of
strike
or lock-out or before the date of strike or lock-out specified in such
notice, or in contravention of section 53;
(b) it is declared,
commenced or continued in consequence of an industrial dispute raised in a
manner other than that provided in section
52;
(c) it is continued in
contravention of an order made under sections 40, 41 or 54 or sub-section (3)
of section 56; or
(d) it is declared,
commenced or continued during the period in which a settlement or award is in
operation in respect of any of the matters
covered by a settlement or award.
(2) A lock-out declared
in consequence of an illegal strike and a strike declared in consequence of an
illegal lock-out shall not be deemed
to be illegal.
56. Procedure in case of illegal strike or
lock-out.- (1) Notwithstanding anything contained
in any other provision of this Act or in any other law, an officer of the Government, not below the rank
of Assistant Director Labour Welfare, in this section
referred to as the officer, may make enquiries in such manner as he may deem
fit into an illegal strike
or illegal lock-out in an establishment or group of
establishments and make a report to the Labour Court.
(2) After completing the
enquiry, the officer shall serve a notice on the employer and the collective
bargaining agent or the registered
trade union concerned with the dispute to
appear before the
(3) The
(4) If the employer
contravenes the order of the Labour Court under
sub-section (3) and the Court is satisfied that the continuance of the lock-out
is causing serious hardship to the community
or is prejudicial to the national
interest, it may issue an order for the attachment of the establishment or
group of establishments
and for the appointment of an official receiver for
such period as it deems fit, and such period as may be varied from time to
time.
(5) The official receiver
shall exercise the powers of management and may transact business, enter into
contracts, give valid discharge
of all moneys received and do or omit to do all
such acts as are necessary for conducting the business of the establishment or
group
of establishments.
(6) The Labour Court may, in appointing and regularizing the work
of an official receiver exercise the powers of a Civil Court under the Code of
Civil Procedure, 1908 (V of 1908).
(7) If the workers
contravene the order of the Labour Court under
sub-section (3), the Court may pass orders of dismissal against all or any of
the striking workers and notwithstanding
anything to the contrary contained in
the Act, if the Court, after holding such inquiry as it deems fit, records its
finding that
any registered trade union has committed or abetted the commission
of such contravention, the finding shall have the effect of cancellation
of the
registration of such trade union and debarring all office-bearers of such trade
union from holding office in that or in any
other trade union for the
un-expired term of their offices and for the term immediately following such
terms.
(8) The
(9) Subject
to any rules made by the Government in this behalf, the officer may, for the
purpose of enquiry under sub-section (1), within
the local limits for which he
is appointed, enter with such assistants, if any, being persons in the service
of Pakistan, as he thinks
fit, in an establishment or group of establishments,
where he has reason to believe an illegal strike or lock-out to be in progress,
and make such examination of the premises and plant and of any registers
maintained therein and take on the spot or otherwise such
evidence of persons
and exercise such other powers as he may deem necessary for carrying out the
purposes of this section.
(10) The
officer may call any party to such dispute to his office or secure his presence
in the establishment or group of establishments
and may bind any party to the
dispute to appear before the
(11) Where
a party to an illegal strike or lock-out, on being required or bound under this
section to appear before the officer or the
Labour
Court, does not so appear, the officer or Labour
Court may, besides taking such other action as may be admissible under the Act,
proceed ex-parte.
57. Conditions of service to remain unchanged
while proceedings are pending.- (1) No employer shall, while any
conciliation proceedings or proceedings before an Arbitrator, a Labour Court or Tribunal in respect of an industrial
dispute are pending, alter to the disadvantage of any workman concerned in such
dispute,
the conditions of service applicable to him before the commencement of
the conciliation proceedings or of the proceedings before
the Arbitrator, Labour Court or Tribunal nor shall he-
(a) save with the permission
of the conciliator, while any conciliation proceedings are pending; or
(b) save with the
permission of the Arbitrator,
discharge, dismiss or otherwise punish any workman except for
misconduct not connected with such dispute.
(2) Notwithstanding
anything contained in sub-section (1), an office-bearer of a registered trade
union shall not, during the pendency
of any proceedings referred to in
sub-section (1), be discharged, terminated, dismissed or otherwise punished for
misconduct, except
with the previous permission of the Labour
Court, however, the terms and conditions of the employment secured by the
workers through collective bargaining, agreements, settlements,
awards and
decisions of Courts shall continue to be binding upon the parties until revised
for betterment of workers.
58. Removal of fixed assets.-
(1) No employer shall remove
any fixed assets of the establishment during the currency of an illegal
lock-out or a strike which is not
illegal.
(2) The
59. Protection
of certain persons.- (1) No person refusing to take part or to continue to
take part in any illegal strike or illegal lock-out shall, by reasons of such
refusal, be subject to expulsion from any trade union or to any fine or penalty
or to the deprivation of any right or benefit which
he or his legal
representatives would otherwise have been entitled, or be liable to be placed
in any respect, either directly or
indirectly, under any disability or
disadvantage as compared with other members of the trade union.
(2) Any
contravention of the provisions of sub-section (1) may be made the subject
matter of an industrial dispute, and nothing in the
constitution of a trade
union providing the manner in which any dispute between its executive and
members shall be settled shall
apply to any proceedings for enforcing any right
or exemption granted by sub-section (1).
(3) In
any such proceeding, the
60. Representation of parties.-
(1) A workman who is a party to an industrial dispute shall be entitled to
be represented in any proceedings under this Act by an
office-bearer of a
collective bargaining agent and subject to the provisions of sub-section (2)
and sub-section (3) any employer
who is a party to an industrial dispute shall
be entitled to be represented in any such proceedings by a person duly
authorized by
him.
(2) No party to an
industrial dispute shall be entitled to be represented by a legal practitioner
in any conciliation proceedings under
the Act.
(3) A party to an industrial
dispute may be represented by a legal practitioner in any proceedings before
the
61. Interpretation of settlement and awards.- (1) If any difficulty or doubt arises as to the
interpretation of any provisions of an award or settlement, it shall be
referred to
the Tribunal.
(2) The Tribunal to which
a matter is referred under sub-section (1) shall after giving the parties an
opportunity of being heard, decide
the matter, and its decision shall be final
and binding on the parties.
62. Recovery
of money due from an employer under settlement or award.-
(1) Any money due from an employer under a settlement, or under an award or
decision of the Arbitrator, Labour Court or Tribunal
may be recovered as arrears of land revenue or as a public demand if, upon the
application of the person entitled
to the money, the Labour
Court so directs.
(2) Where
any workman is entitled to receive from the employer any benefit, under a
settlement or under an award or decision of the Arbitrator,
Labour
Court or the Tribunal, which is capable of being computed in terms of money,
the amount at which such benefit shall be computed may,
subject to the rules
made under this Act, be determined and recovered as provided for in sub-section
(1) and paid to the workman
concerned within a specified date.
63. Performance of functions pending
ascertainment of collective bargaining agent.- Any
act or function which is by this Act required to be performed by or has been
conferred upon a collective bargaining agent may,
until a collective bargaining
agent has been certified under the provisions of the Act, be performed by a
registered trade union
which has been recognized by the employer or employers.
64. Penalty for unfair labour
practices.- (1) A person who contravenes the provisions of section 10, he
shall be liable to fine which may extend to twenty thousand rupees but
not less
than five thousand rupees.
(2) A person who
contravenes the provisions of section 17, he shall be liable to fine which may
extend to thirty thousand rupees but not
less than ten thousand rupees.
(3) A person who
contravenes the provisions of section 18, other than those of clause (d) of
sub-section (1) thereof, he shall be liable
to pay fine which may extend to
twenty thousand rupees but not less than five thousand rupees.
(4) An
office-bearer of a trade union, a workman or person other than a workman who
contravenes or abets the contravention of the provisions
of clause (d) of
sub-section (1) of section 18 shall be liable to pay fine which may extend to
thirty thousand rupees but not less
than ten thousand rupees.
(5) Where the person
accused of an offence under sub-section (4) is an office-bearer of a trade
union, the Labour Court may, in addition to any other
punishment which it may award to such person under that sub-section, direct
that he shall cease
to hold the office of the trade union and be disqualified
from holding any office in any trade union during the term immediately
following the term in which he so ceases to hold office.
(6) A person who
contravenes the provisions of section 58, he shall be liable to pay fine which
may extend to fifty thousand rupees but
not less than twenty thousand rupees.
65. Penalty for committing breach of
settlement.- A person who
commits any breach of any term of any settlement, award or decision which is
binding on him under this Act, he shall be punished-
(a) for the first
offence, with fine which may extend to twenty thousand rupees; and
(b) for each subsequent
offence; with fine which may extend to fifty thousand rupees.
66. Penalty for failing to implement settlement.- A person who
willfully fails to implement any term of any settlement, award or decision
which it is his duty under this Act to implement shall
be punishable with a
fine which may extend to twenty thousand rupees and, in the case of continuing
failure, with a further fine
which may extend to five thousand rupees for every
day after the first, during which the failure continues.
67. Penalty
for false statement.- Whoever willfully makes or causes to be made in any
application or other document submitted under this Act or the rules made
thereunder,
any statement which he knows or has reason to believe to be false,
or willfully neglects or fails to maintain or furnish any list,
document or information
he is required to maintain or furnish, under the Act or the rules made there
under shall be punishable with
fine which may extend to fifty thousand rupees
but not less than twenty thousand rupees.
68. Penalty for discharging office-bearer of trade union in certain circumstances.- Any
employer who contravenes the provision of section 57, he shall be punished with
fine which may extend to twenty thousand rupees
but not less than five thousand
rupees.
69. Penalty for embezzlement or misappropriation
of funds.- Any office-bearer or any employee of a
registered trade union, guilty of embezzlement or misappropriation of trade
union funds, shall
be liable to a fine, double the amount found by the Labour Court to have been embezzled or misappropriated and
upon realization, the Labour Court may reimburse the
amount of fine to the trade union.
70. Penalty for other offences.-
A person who contravenes, or fails to comply with, any of the provisions of
this Act shall, if no other penalty is provided by the
Act for such
contravention or failure, he shall be punished with fine which may extend to
five thousand rupees.
71. Offence to be non-cognizable.- Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (V of 1898) no police officer shall be competent to
arrest
without warrant an employer or a worker for an offence under this Act
other than the offence of illegal strike or illegal lock-out
continued in
contravention of an order made under sub-section (3) of section 56.
72. Offences by corporation.-
(1) Where the person guilty
of any offence under this Act is a company or other body corporate, every
director, manager, secretary or
other officer or agent thereof shall, unless he
proves that the offence was committed without his knowledge or consent or that
he
exercised all due diligence to prevent the commission of the offence, be
deemed to be guilty of such offence;
(2) Where a company has
intimated to the Government in writing the names of any of its directors
resident in Pakistan whom it has nominated
for the purpose of this section and
the offence is committed while such directors continue to be so nominated, only
such directors
shall be deemed to be guilty in terms of sub-section (1).
73. Trial of offences.-
Save as provided in this Act, no Court other than a
74. Indemnity.- No
suit, prosecution or other legal proceedings shall lie against any person for
anything which is in good faith done or intended
to be done in pursuance of
this Act or any rule.
75. Officers to be public servants.- A
Registrar, conciliator, presiding officer of a Labour
Court and the member of a Tribunal, shall be deemed to be a public servant
within the meaning of section 21 of the Pakistan Penal
Code 1860 (XLV of 1860).
76. Limitation.- The provisions of section 5
of the Limitation Act, 1908 (IX of 1908), shall apply in computing the period
within which an application
is to be made, or any other thing is to be done,
under this Act.
77. Power to make rules.-
(1) The Government may make rules for carrying out the purposes of this
Act.
(2) The
rules made under this section may provide that a contravention thereof shall be
punishable with fine which may extend to five
thousand rupees.
78. Provision of
certified copies.- The Tribunal and the
79. Repeal and savings.- (1) Notwithstanding
the repeal of the Industrial Relations Act, 2008 (IV of 2008), hereinafter
referred to as the repealed Act-
(a) every trade union
registered under the repealed Act shall be deemed to be registered under this
Act;
(b) anything done, rules made, notification or
order issued, officer appointed, Court constituted, notice given, proceedings
commenced
or other action taken under the
repealed Act or purportedly under that Act till the coming into force of
the Act, shall be deemed to have been done, made, issued,
appointed,
constituted, given, commenced or taken, under the Act; and
(c) every reference to
the repealed Act shall be construed as reference to the Act.
80. Transfer of cases from National Industrial
Relations Commission.- (1) All the cases pending
before the National Industrial Relations Commission, constituted under the
repealed Industrial Relations
Act 2008 (IV of 2008) shall stand transferred to
the Tribunal,
(2) The said National Industrial
Relations Commission shall transfer the record of all the cases and trade
unions to the Tribunal,
(3) The Tribunal,
81. Removal
of difficulties.- If any difficulty arises in
giving effect to any provisions of this Act, the Government may, by
notification in the official Gazette,
make such order, not inconsistent with
the provisions of the Act, as may appear to it to be necessary for the purpose
of removing
the difficulty.
82. Repeal.- The Punjab Industrial Relations Ordinance
2010 (II of 2010) is hereby repealed.
Schedule
Public
Utility Service
[see
section 2(xxiii)]
1. The generation, production,
manufacture, or supply of electricity, gas, oil or water to the public.
2. Any system of public
conservancy or sanitation.
3. Hospitals and ambulance
service.
4. Fire-fighting service.
5. Any postal, telegraph or
telephone service.
6. Railways and Airways.
7. Dry Ports.
8. Watch and ward staff and
security services maintained in any establishment.
[1]This Act
was passed by the Punjab Assembly on 8 December 2010; assented to by the
Governor of the Punjab on 9 December 2010; and published
in the Punjab Gazette
(Extraordinary), dated 9 December 2010, pages 1741-67.
[2]Substituted by the Punjab Industrial Relations
(Amendment) Act 2014 (XII of 2014) for the following:-
"(i) workers
of an establishment, employing not less than fifty workers, may establish and
subject to the rules of the organization, may
join associations of their own
choice without previous authorization;"
[3]The word "and" omitted by the Punjab Fair Representation of Women Act 2014 (IV of 2014).
[4]Substituted for the "full-stop" by the Punjab Fair Representation of Women Act 2014 (IV of 2014).
[5]Inserted by the
[6]Substituted for the words "file an appeal to the
[7]Substituted for the figure "9" by the Punjab Industrial Relations (Amendment) Act 2014 (XII of 2014).
[8]Substituted for the full-stop by the Punjab Fair Representation of Women Act 2014 (IV of 2014).
[9]Inserted by the
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