You are on page 1of 15

(1) Powers and Functions of Labour Court

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

2. Relevant Provisions
Sec 44, 45, 47 of Industrial Relation Act 2012
Section 44, 45, 46 of Punjab Industrial relations Act 2010.

3. Meaning of Labour Court


Labour Court means a labour court established under section 44.

4. Establishment of Labour court


Labour court is to be established by the provincial Government

a. Procedure of establishing
(i) Provincial Govt. has to consult with the chief justice of the respective High Court.
(ii) It must notify in the official gazette the fact of such establishment.

b. Discretion of Provincial Govt.


Provincial Govt. has the discretionary power in respect of establishing labour court and it may establish as
many labour courts as it considers necessary.

c. In case more than one labour court established


Where provincial Govt. establishes more than one labour courst, it shall specify in the notification.
(i) The territorial limits within which or
(ii) The Industry or classes of cases in respect of which each one of them shall exercise jurisdiction under the
ordinance.

5. Constitutement of Labour Court


(i) Number and appointment of members of labour court

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

(ii) Qualifications
A person to appointed as presiding officer must be either
(a) Qualified to be judge or additional judge of High Court, or
(b) Has been a judge or additional judge of High court or,
(c) Is a District judge

6. Functions of Labour Court


Following are the functions of Labour court.
(a) Determination of Industrial Dispute
A labour court shall adjudicate and determine an industrial dispute which has been referred to or brought before
it under this ordinance.

(i) Meaning of Industrial dispute


Industrial dispute means any dispute or difference between employers, and workmen or between workmen and
workmen which is concerned with the
a. employment or non-employment or
b. the terms of employment or
c. conditions of work

(ii) Adjudication on matters relating to settlement


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

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

b. Try offences

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

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

7. Procedure and Powers of Labour court


(a) While trying offences
While trying an offence, a labour court shall follow as nearly as possible summary procedure as provided under
Cr.P.C, and shall have the same powers as are versed in the court of a magistrate of first class specially
empowered u/sec 30 of Cr.P.C.

(b) While adjudicating industrial dispute


For the purpose of adjudicating and determining any industrial dispute, a labour court shall be deemed to be a
civil court and follow the procedure as provided under C.P.C and shall have the same powers as are vested in
such court under C.P.C. Following are the powers of labour court.

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

ii. To Grant interim Relief


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

Iii. To grant Adjournment


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

iv. To enforce attendance of any Person


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

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

vi. To compel Production of Documents etc

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

vii. To issue commissions


Labour court has the power to issue commissions for the examination of witnesses or documents.

viii. Ex-part Proceedings


Labour court has the power to proceeding ex-parte, where the party failed to appear before it.

ix. to determine Grievance of workmen


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

c. While trying cases of Rights Given under special Acts


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

8. Territorial Jurisdiction of Labour Court


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

9. Exemption from court fee


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

10. Withdrawal of case


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

11. Conclusion

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

(2) Lockout and Strike


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

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

3. Definition of Lockout and Strike


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

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


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

4. Declaration of Lockout and Strike u/sec 40

An employer or workman may declare lockout or strike if the following conditions are satisfied.
(i) There must be an industrial dispute.
(ii) No settlement is arrived at during the course of conciliation proceedings.
(iii) Parties to the dispute do not agree to refer it to an arbitrator u/sec 39.
(iv) There must be 14 days notice by a workman to the employer for strike or the Period of notice u/sec 36 upon
declaration of failure of conciliation proceedings have been made, whichever is later for the purpose of lockout.

5. Application to Labour Court


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

(i) Time for making an application


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

6. Prohibition of Lockout or Strike


It can be discussed under the following three heads.

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


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

(a) Authority Empowered Prohibit


Such strike or lockout may be prohibited by
(a-i) Federal Govt. if it relates to a dispute which the commission is competent to adjudicate and determine, and
(a-ii) Provincial Govt. if it relates to another dispute.

(ii) Prohibition before the expiry of 30 Days


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

(a) Authority empowered to Prohibit


Such prohibition may be made by
(i) Federal Govt. if it relates to a dispute which the commission is competent to adjudicate and determine, and
(ii) Provincial Govt. if it relates to other dispute, with the previous approval of the Federal Govt.

(iii) Prohibition of Commencement of Lockout or Strike


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

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


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

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


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

(i) Time Limitation for Making


Such award must be made within 30 days from the date on which the dispute was referred to it but any delay in
making an award shall not affect the validity of it.

(ii) Making for Interim Award


The commission or the labour court as the case may be, may make an interim award on any matter of dispute.

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


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

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


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

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


Public utility service means any of the service specified in schedule I.
(i-a) Services Provided under schedule I

Following services are provided under schedule I.


(a) Generation, Production manufacture or supply of electricity, gas, oil or water to the public.
(b) Any system of public conservancy or sanitation.
(c) Hospitals and ambulance service
(d) Fire fighting service
(e) Any postal, telegraph or telephone service
(f) Railway and airway
(g) Dry Ports
(h) Watch and wards staff and security services maintained in any establishment.

(i-b) Time when Prohibition may be made


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

11. Conclusion

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

(3)Redress of Individual Grievance


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

2. Relevant Provisions
Sec 33 of Industrial relation Act 2012

Sec 33 of Punjab Industrial Relation Act 2010


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

b. Cases for redress of Grievance


A worker may bring his grievance in respect of any right
(i) Guaranteed to him under PIRA 2010. or
(ii) Guaranteed to him under any other law for the time being force, or
(iii) The violation, non-implementation or breach of which secured to him under any settlement or award

4. Procedure followed by workman for the redress of his


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

b. Mode of giving Notice


The notice of the employer must be in written form and may be delivered either
(i) By the worker himself, or
(ii) Through his shop steward or collective bargaining agent.

c. Limitation period for such notice


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

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

e. Failure of communication by employer or dissatisfaction of worker

If an employer fails to communicate his decision within 15 days of receiving notice or a worker is dissatisfied
with the decision of an employer, then the worker has the following two forums to redress his grievance.

(i) Collective Bargaining Agent


The worker or shop steward may take up the matter with his collective bargaining agent for its proper solution.
Collective bargaining agent means the trader union of workmen is the agent of the workmen in the
establishment etc., in the matter of collective bargaining.

(ii) Labour Court


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

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

b. Procedure of Labour Court


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

iii. Award of compensation to a workman


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

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


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

a. Pre-requisite
Such punishment of fine can be imposed on defaulter only
i. If the order or decisions is in the favour of workman and
ii. Is not implemented within the period specified therein and
iii. Workman made a written complaint about it.

5. Joint application to Labour court


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

6. Conclusion

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

(4)Powers and Functions of Registrar under PIRA


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

2. Relevant Provisions
Sec 4, 5 of Industrial Relation Act 2012
Sect 14, 15 of Punjab Industrial Relation Act 2010

3. Definition and Appointment of Registrar


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

4. Powers and Functions of Registrar


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

a. Registration of Trade Union


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

b. Maintenance of Register
Registrar also has to maintain a register for the purpose registration and register the Trade union in it.

c. Lodging of complaints
The Registrar has the power either to lodge himself or authorizes any person to lodge complaints with the
labour court for action including prosecution against trade unions, employers, workers or other persons;
i. for any alleged offence, or
ii. any unfair labour practice or
iii. violation of any provisions of PIRA 2010 or
iv. for expending the funds of a trade union in contravention of the provisions of its constitution.

d. Determination of Collective Bargaining Agent


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

e. Poer to inspect and investigate


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

f. Other powers and Functions


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

5. Status of Registrar

By virtue of section 75 of PIRA 2010, a registrar shall be deemed to be public servant within the meaning of
section 21 of P.P.C.

6. Conclusion
To conclude, I can say, that the Registrar of Trade Unions enjoys overall and general control on the Trade
unions to the extent that they work in accordance with Punjab Industrial Relation Act 2010 and its constitution.
Otherwise Trade Union are free to pursue their policies.

(5)Unfair Labour Practices


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

2. Relevant Provisions
Section 31, 32, 33, Industrial relation Act 2010
Section 17, 18, 64, Punjab Industrial Act 2010

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

4. Unfair Labour practices on the part of workman


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

a. Persuasion
By virtue of PIRA, every workmen can join any trade union of their choice within the establishment or industry
they are employed. No workman shall be persuaded to join a trade union or refrain from joining a trade union
during working hours. If so, then the person who persuade shall be guilty of an unfair labour practice. This is

due to the fact that the work of an industry should not be affected by unnecessary canvassing during working
hours.

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

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


ii. refrain from becoming a member or officer bearer of trade union, or
iii. continue to be a member or office bearer of trade union, if he is already a member or
iv. cease to b ea member or office bearer of trade union, if he is already a member or office bearer

c. Inducement
Inducement means offering benefits to someone which are illegal. Coming of this act of inducement into the
category of unfair labour practice, it is necessary that.
i. a person should be induced to refrain from becoming or cease to be a member or officer-bearer of trade
union.
ii. Such inducement should be by intimidating or conferring or offering to confer any advantage for such person
or any other person

d. Compel or Attempt to compel employer


Essential ingredients of an offence under this clause are
i. That an employer should be compelled or an attempt should be made to compel him to accept any demand
ii. Such compulsion or attempt should be done by using intimidation, coercion, pressure, threat confinement or
ouster from a place, dispossession, assault or other methods etc.

e. Compel or Attempt to compel person other than employer


Where there is compulsion or attempt to compel any member of a body bipartite or tripartite, or of any
composition relating to the functioning of the industry or if he is in place for the benefit of workers, to accept any
demand by using intimidation, coercion, pressure, threat, confinement or ouster form a place dispossession,
assault, physical injury or by such other methods.

f. Illegal Strike or Go-slow

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

(i) Meaning of Go-slow


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

g. Carry arms or weapons


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

h. Interference in secret ballot


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

5. Penalty for Unfair Labour Practices on part of workman


A person who contravenes the provision of sec 18, except clause (d) of sub sec (1), he shall be liable to fine
which may extend to twenty thousand Rs but not less than five thousand Rs.

An office bearer of trade union a workman or person other than a workman who contravents or abets the
contravention of the provisions of clause (d) of sub section (1) of section 18 shall be liable to pay fine which
may extend to thirty thousand rupees but not less than ten thousand Rs.

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