IRO 2002MBA II

Chapter IV - Labor Courts1. Provincial government or chief justice of respective high court by

notifications can make as many labor courts.

2. Labor court consists on a Presiding Officer appointed by provincial government with consultation with Chief Justice of High Court.

1. The Presiding officer must be Judge, Additional Judge or District Judge otherwise he is disqualified for the post.

3. Labor Court will handle the following matters.

1. Industrial dispute referred to him or brought under the ordinance.

2. Matters relating to the implementation or violation of a settlement referred by a Provincial Government

3.  try offences under this Ordinance and such other offences under any other law as the Provincial Government may, by notification in the official Gazette, specify in this behalf

4. Exercise any other powers and functions as may be assigned to him

Labor Courts Procedure & Powers

Labor Court will follow the same procedure as provided in

Code of criminal Procedure 1898 (ACT V of 1898)

Code of Civil Procedure, 1908 (Act V of 1908),

Powers of Labor Court

enforcing the attendance of any person and examining him on oath;

compelling the production of documents and material objects; and

issuing commissions for the examination of witnesses or documents

Labor court for the purpose of trying an offence, have the power of magistrate under the powers of following act.

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (W.P. Ordinance VI of 1968)

Code of Criminal Procedure, 1898 Section # 30 (Act V of 1898).

No court fee for filing, recording, obtaining a document from labor court.

If both parties satisfy the court that the dispute is resolved amicably but before the final orders of the Labor Court.

Redress of individual grievances. An individual having any grievance, dispute can bring his/her case through shop steward, CBA

within 1 month from the date of the dispute in written form under any law related to that problem.

After the notice from the employee, the employer within 15 days shall communicate his/her decision in written form to the worker.

If employer fail to communicate in 15 days or the worker is dissatisfied from the decision, the worker /shop steward can take this matter to their CBA or Labor Court.

If the matter is forwarded to Labor Court, the court shall give the decision in 7 days if the matter was an industrial dispute.

Labor Court must check the matter in depth and must check the facts and figures provided in with the case.

If the termination of worker was wrong, the Labor Court may award the following Last drawn Basic pay + house rent (if admissible) not less than 12 month and not more than 30 Months.

If the decision of Labor Court/High Court in an appeal is not implemented within 1 month or specified time, the defaulter shall additional be punished with fine extended to 10,000.

No person will be prosecuted under sub section 6, till the complaint in writing from workman, if decision is not implemented.

For a common cause of grievances, workers have to give joint application.

Awards and decision of Labor Court The award given by the Labor court

Should to be given in an open court

2 copies should to forwarded to Provincial Government or Federal government

A Provincial Government one month from the receipt of the copies of the award or decision, publish it in the official Gazette.

If any party is not satisfied from the decision of court given under the following section they may appeal to the High Court within 30 days.

sub-section (1)

section 46

 section 33 or

Any Sentence by Labor Court under clause (c) of sub-section (4) of section 44

If appeal is not made in specified time the decision of the Labor Court is Final and can not be called to any question in any manner.

 Appeal to the High Court The High Court after appeal confirm the award under the previous mentioned sections

and exercise all the powers under ordinance.

The decision of the High Court shall be delivered, within a period of 60 days following the filing of an appeal, provided that such decision shall not be questionable or invalid by reason of any delay in its delivery.

The high court at any time can call for the record of awards by Labor Court given for resolving disputes for review purpose of satisfying itself.

No order under this section can be passed to change or modify the award adversely affecting any person without giving a chance of hearing to that person.

The High Court due to its powers, shall punish for contempt of its authority, or that of any Labor Court with a fine may extend to 25000 Rupees.

If the fine exceeds from 25000 by a single bench of High Court under sub section 4, the person can appeal to division bench.

High court can move or transfer the case from one labor court to another labor court due to powers.

If an appeal is made against the orders of the Labor Court for in-statement or compensation purpose, the High court can make a staying orders of Labor Court and will decide the appeal within 60 Days.

National Industrial Relations Commission To be established by Federal Government consisting not more than 8 members.

Chairman and Board members appointed by Federal Government.

Functions of NIRC: Will adjudicate the matters of National Level Trade unions, federations or associations or the matters

forwarded by the Government.

To register industry wise trade unions, federations, associations and also give rating to them.

Can determine CBA

Can try offences under section 65, other than section 1 & 5, and any other provision by the ordinance

Deal with cases of unfair labor practices whether committed individually or collectively.

Advise the government industry wise trade unions, federations, for the education and other rights and obligations and other facilities.

Promote healthy trade unionism within establishment of the Province/Provinces.

Facilitate the federation formation at national level

Exercise powers and functions as notified by Federal Government.

National Industrial Relations Commission

NIRC on the basis of its powers can:-

Initiate any proceedings, trail or prosecution

Withdraw any application from Labor Court relating to unfair labor Practices

NIRC to deal with the unfair Labor Practice

proceed directly with the case;

ask the Registrar within whose jurisdiction the case has occurred or is likely to occur

refer the case to the Labour Court within whose jurisdiction the case has occurred

The Labor Court to whom the case is referred

will enquire it

Or if the case if referred for report, report it, or

If referred for disposal of continue proceeding, it will do the same.

National Industrial Relations Commission

No Labor court, Registrar can handle the case, take an action, if the case falls within the jurisdiction of NIRC.

Cases of unfair labor practice will be considered as excluded from the jurisdiction which is being dealt with by the Commission.

NIRC-Benches For efficient working the Chairman of the NIRC shall constitute

Bench must be consists not less than 3 members

Or as may deem fit

The bench shall

Adjudicate cases of unfair labor practices,

Laws enforcement,

Individual grievances redress

And others as referred.

If any member of the bench is absent or is not able to attend, the proceedings will be continue, but the decision, award may be questioned to invalid because of absence of that members.

If the members of the bench differ in decision opinion

The decision will be given on the majority

If the numbers of members are equal the case will be forwarded to Chairman for hearing.

 Additional powers of the Commission

NIRC can punish any party on disobeying, abusing and violating the laws with the fine extended up to 40,000 Rupees.

For the purpose of investigation, the chairman or any members of the bench can enter in between sunrise and sunset timing can enter into any factory, establishment and can physically check and interrogate.

Appeals

Any person of the case not satisfied from the decision or award given by the bench but not by the full bench can appeal with in 30 Days to the commission.

No court can entertain any appeal against the jurisdiction of NIRC

Determination of CBA