Professional Documents
Culture Documents
Standing order 15 of industrial and commercial employment, ordinance, 1968 provides punishment for certain acts and omissions which
have been declared to be actionable and termed as misconduct. Four kinds of punishments have been prescribed according to the degree
or severity of the act or omission and made it obligatory on the employer to frame a Charge-sheet before dismissing the workmen.
2. Relevant Provisions
Following are the relevant provisions of industrial and commercial employment (Standing orders) ordinance, 1968 regarding the concerned
topic.
3. Definition of Workman
“Workman means any person employed in any industrial or commercial establishment to do any skilled or unskilled, manual or clerical work
Allegations which are not covered by any of 12 Kinds of activities which could be treated as misconduct specified in SO 14(3) cannot be
treated as misconduct.
i. Willful Disobedience
Willful disobedience or insubordination to an lawful and reasonable order a superior would amount to misconduct word willful means
deliberate and intentional act determinable on the facts and circumstances of each case.
v. Habitual Absence
Habitual absence without leave or absence without leave for more than 10 days.
Habitual implies a tendency or capacity resulting from the repetition of the same act.
Disorderly behavior during the working hours at the establishment or any subversive act of discipline amounts to misconduct. Threat given to
Negligence is the state of mind of undue indifference towards one’s conduct and its consequences. It is the breach of duty to take care.
Frequent repletion of the acts and omission referred to in clause (1) e.g making false statements.
xi. Striking
Strike means cessation of work or refusal to continue to work. Striking work or inciting others to strike in contravention of the provisions of
xii. Go-Slow
Go-slow means an organized deliberate and purposeful slowing down of normal output of work by a body of workers in a concerted manner.
i. Fine
He may be liable to fine in the manner prescribed under the payment of wages Act. 1936 up to three paisa in the rupee of the wages payable
to him in a month.
He may be punished by withholding of increment or promotion for a specified period not exceeding one year.
iii. Reduction
iv. Dismissal
A workman may also be punished by way of dismissal from service without payment of any compensation in lieu of notice.
Charge sheet is the first step of the procedure laid by clause (4) of standing order 15.
The purpose of charge-sheet is to communicate to the workman concerned the specific charge or charges together with the allegation on
which such charge or charges are based and to call for his explanation in respect of the same.
The charge sheet must be in language which can be understood by the workman.
a. the charge sheet must contain full particulars of the alleged misconduct.
c. any other matter or circumstances that is proposed be taken into consideration when passing final order on the case.
Workman shall be given an opportunity to explain the circumstances of the alleged misconduct against him.
c. Holding of inquiry
When eh explanation of the workman in reply to the charge-sheet is not found satisfactory and the employer intends to proceed further
against him, it will be mandatory on the employer to institute an independent inquiry into the matter before dealing with the charges against
workman.
Employer is not required to supply record of inquiry to employee as there is not provision of law obliging employer to do so.
The workman against whom inquiry is being proceeded may nominate any workman employed in that establishment for his assistance and
employer shall allow such workman to be present in the inquiry to assist the workman proceeded against and shall not deduct his wages if
An employer may suspend the workman concerned for the purpose of conducting an inquiry, for a period not exceeding four days at a time
so. However the total period of such suspension shall not exceed four weeks.
i. Form of suspension
The order of suspension shall be in writing and take effect immediately on delivery to the workman.
During the period of suspension, the employer shall pay subsistence allowance of not less that 50 per centum of the wages, to the workman
concerned.
iii. Where workman found not Guilty
If the workman is found not guilty he shall deemed to have been on duty during the period of suspension and shall be entitled to the same
f. Approval of employer
It is only the employer who can dismiss the workman and not any officer subordinate to him. The approval of the employer shall be obtained
The failure to observe the procedure prescribed in standing order 15(4) will render the order of dismissal a nullity in the eye of law.
8. Conclusion
To conclude, I can say that, the fair progress of industry demands that the workmen should work property and in disciplined manner standing
order 15 prescribes punishments for the misconduct on the part of the workman and also safeguards the interests of workman against
It is undeniable right of the management to retain the services of those person sonly who are really useful and terminate the services of
those ones who becomes surplus to the requirements of the employer. It is called retrenchment and is to be made bona fide and the
workman retrenched has the right of re-employment in preference of others where the employer proposes to take into his employment any
2. Relevant Provisions
Following are the relevant provisions of industrial and commercial employment (standing orders) ordinance, 1968 regarding the concerned
topic.
“Retrenchment means the termination of services of a workman by the employer on the ground of redundancy, i.e, when he becomes surplus
In the retrenchment “Last come first go” rule must be followed where any workman is to be retrenched and he belongs to a particular
category of workmen, the employer shall retrench the workmen who is the last person employed in that category.
a. Meaning of Category
Word category means category in an establishment. Whole business concerns if one establishment it will be one unit. Business concern if
consisting of various establishments each will be a separate unit and category would means category of that unit.
It is necessary that the retrenchment order must be made bona fide. The court should not interfere until and unless some positive mala fide is
proved regarding injury to employee. The burden of proof is upon party urging mala fide.
The retrenched workmen are entitled to the re-employment where employer proposes to take into his employ any person within a period of
one year from the date of such retrenchment and it is incumbent upon the employer to follow the following procedure.
The employer shall send a notice by registered post to the retrenched workmen belonging to the category concerned to offer themselves for
re-employment and that notice shall be sent to the last known addresses of the retrenched workmen.
The retrenched workmen shall have preference over others and shall be given re-employment on the basis of their inter-se seniority.
the factory in the immediately following season shall be given preference for employment by the employer.
i. Notice
Sending a notice to the retrenched workman in case of seasonal factory in not obligatory on the employer but he may if he wishes, send a
notice by registered post to the last known address of a workman who was retrenched in one season, require him to report on a day
specified in the notice, not being earlier than 10 days before resumption of work in such factory.
If such workman reports as required by the employer on a specified day, he shall be given preference for employment and paid full wages
Where any workman is retrenched or discharged by a contractor or employer engaged in the constructions industry due to completion,
cessation, discontinuance of work, he shall be given preference for employment in any other similar work undertaken by the contractor or
employer within a period of one year from the date of such retrenchment or discharge.
Where a workman is re-employed within one month of his retrenchment or discharge he shall be deemed to have been in continuous service
of the contractor or employer but no wages shall be paid to him for the period of interruption.
8. Conclusion
To conclude, I can say that, the retrenchment is not to be understood in the same sense as the termination of services of workman on the
complete closure of business. Retrenchment implies a continuous running of the business when the services of only some of the workmen
who become surplus to the requirements of the employer, are terminated. It shall be incumbent upon the management to retrench only that
workman who is the last person employed in that category where the retrenchment has become necessary and it is the right of the
retrenched workmen to be given preference over the others if the vacancy occurs in the same category within a period of one year from the
date of retrenchment.
The provisions of Industrial and commercial employment (Standing orders) ordinance, 1968 makes it compulsory for the employers that they
shall have the group insurance of all the permanent workmen working under their administration against the natural death and disability and
2. Relevant provisions
Following are the relevant provisions of industrial and commercial employment (Standing orders) ordinance, 1968 regarding the concerned
topic
The object of order 10-B is to provide financial assistance to the workmen or to his legal heirs and secure the life of workmen.
Under Order 10-B the employers are required to have all their permanent workmen insured against natural death and disability and death
and injury arising out of contingencies not covered by the workmen’s compensation Act 1923 or provincial employees social security
ordinance, 1965.
Claim of group insurance is enforceable only where relationship of employer and employee subsists and not terminated.
A permanent workman is a workman who has been engaged on work of permanent nature likely to last more than nine months and has
satisfactorily completed 3 months probationary period in the same or another occupation in the Industrial or commercial establishment and
includes a badly who has been employed for continuous period of 3 months or for 183 days during any period of twelve consecutive months.
b. Insurance of Risks
The employer shall insure the workmen against the following risks.
i. Natural Death
The purpose is to provide financial assistance to the legal heirs of the deceased workman. Where the death of worker was not natural but
ii. Disability
Word disability means incapacity to act or move. Falling health could not constitute disability.
Workmen shall be insured against any death or injury arising out of contingencies not covered by the workmen’s compensation act, 1923 or
5. Responsibility of employer
i. Payment of Premium
The employer is responsible for the payment premium in group insurance of workmen.
The employer is responsible for all administrative arrangements of group insurance whether carried out by himself or through an insurance
company.
6. Amount of Insurance
The amount for which each workmen shall be insured shall not be less than the amount of compensation specified in schedule IV to the
If the employer fails to insure all workman as prescribed, the employer shall pay in the case of death ot the heirs or in the case of injury ot the
workman, such sum of maoney as would have been payable by the insurance company, had such worker been insured.
8. Manner of Recovery
All claims of a workman or his heirs or recovery of money from the employer u/sec 4 shall be settled in the same manner provided under
The commissioner for workmen’s compensation has jurisdiction to entertain and adjudicate claim under standing order 10-B.
The provisions of standing order 10-B shall not apply the first instance, to any industrial establishment not more than forty nine persons were
employed on any day during the preceding 12 months but Govt. may by notification in the official Gazette extend it ot any such industrial
13. Conclusion
To conclude, I can say, that the insurance policy is obtained to ensure payment in respect of risk covered thereby. By virtue of standing order
10-B, duty is imposed on employer to insure all his permanent workmen against all four risks set out is S.O. 10-B, and the object is to provide
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
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.
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
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.
ii. Such inducement should be by intimidating or conferring or offering to confer any advantage for such
person or any other person
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.
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.
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.
Carrying of arms or weapons within the premises of an employer without any legal authority.
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.
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.
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
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.
Following are the powers and functions of Registrar under PIRA 2010.
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;
iv. for expending the funds of a trade union in contravention of the provisions of its constitution.
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.
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.
1. Introduction
The object of the government’s 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
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.
(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
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.
The notice of the employer must be in written form and may be delivered either
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.
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.
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.
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.
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.
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.
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
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.
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
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.
Provincial Govt. has the discretionary power in respect of establishing labour court and it may establish
as many labour courts as it considers necessary.
Where provincial Govt. establishes more than one labour court, it shall specify in the notification.
(ii) The Industry or classes of cases in respect of which each one of them shall exercise jurisdiction under
the ordinance.
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 labour court shall adjudicate and determine an industrial dispute which has been referred to or
brought before it under this ordinance.
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
c. conditions of work
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.
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.
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.
Labour court is also competent to grant ad-interim relief under its inherent powers.
Labour court has the power to grant adjournments if just cause to shown.
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 compel the production of documents and material objects, necessary for deciding the
matter in questions.
Labour court has the power to issue commissions for the examination of witnesses or documents.
Labour court has the power to proceeding ex-parte, where the party failed to appear before it.
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.
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.
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.
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, nut 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.
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.
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.
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.
An employer or workman may declare lockout or strike if the following conditions are satisfied.
(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.
The party raising a dispute may make an application to the labour court for adjudication of the dispute.
An application may be made at any time, either before or after the commencement of lockout or strike.
(a-i) Federal Govt. if it relates to a dispute which the commission is competent to adjudicate and
determine, and
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.
(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.
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.
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.
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.
The commission or the labour court as the case may be, may make an interim award on any matter of
dispute.
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.
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.
(a) Generation, Production manufacture or supply of electricity, gas, oil or water to the public.
(h) Watch and wards staff and security services maintained in any establishment.
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.