Professional Documents
Culture Documents
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.
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.
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
a. Meaning of Settlement
Settlement means any agreement arrived at during conciliation proceeding or otherwise if in writing, singed by
parties in the prescribed manner, a copy where of has been sent to the provincial Govt. the conciliator and such
other person as may be prescribed.
b. Try offences
A Labour Court has dual functions to perform i.e civil as well as criminal. It shall try offences under PIRA 2010
and such other offences as the provincial Govt. may specify by notification in the official Gazette.
c. Other Functions
A labour court shall exercise such other powers and functions as may be entrusted to it by law.
i. To Grant Relief
Labour court can grant full and final relief to the aggrieved party.
v. Power to Examiner
Labour court can examine any person on oath.
Labour court can compel the production of documents and material objects, necessary for deciding the matter
in questions.
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. Relevant Provisions
Sec 42 and 43, 44, 45 Industrial Relation Act 2012 and Section 40, 41 of Punjab Industrial Relation Act 2010.
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.
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.
2. Relevant Provisions
Sec 33 of Industrial relation Act 2012
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.
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.
a. Limitation Period
The Limitation Period for filing a grievance petition before labour court is two months from the date of
communication of the employer or, if he does not communicate, from the expiry of the period of 15 days given
to employer.
a. Pre-requisite
Such punishment of fine can be imposed on defaulter only
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.
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.
2. Relevant Provisions
Sec 4, 5 of Industrial Relation Act 2012
Sect 14, 15 of Punjab Industrial Relation Act 2010
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.
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.
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.
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
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
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.
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.