Industrial Relations Ordinance: Forums for Dispute Resolution and Worker Grievances, Exercises of Business and Labour Law

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Business and Labour Laws - MGT 611 VU © Copyright Virtual University of Pakistan 211 Lecture 43 INDUSTRIAL RELATIONS ORDINANCE Forums for Adjudication of disputes available under the ordinance: Labour courts Appeal to the High Court National Industrial Relations Commission The provisions with regard to above forums as provided in Industrial Relations Ordinance, 2002 are given below: Labour Courts: It has been defined in section 44 of the Ordinance which is given below: (1) A Provincial Government may, in consultation with the Chief Justice of the respective High Court, 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 industry or the classes of cases in respect of which, each one of them shall exercise jurisdiction under this Ordinance. (2) A Labour Court shall consist of one Presiding Officer appointed by a Provincial Government, in consultation with the Chief Justice of the respective High Court. (3) A person shall not be qualified for appointment as Presiding Officer unless he has been, or is qualified to be, Judge or Additional Judge of the respective High Court or is a District Judge. (4) A Labour court shall- (a) adjudicate and determine an industrial dispute which has been referred to or brought before it under this Ordinance; (b) enquire into or adjudicate any matter relating to the implementation or violation of a settlement which is referred to it by a Provincial Government; (c) 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; and (d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Ordinance or any other law. Procedure and powers of Labour Court: It has been defined in section 45 of the Ordinance which is given below: (1) Subject to the provisions of this Ordinance, while trying an offence a Labour Court shall follow as nearly as possible summary procedure as provided under the Code of Criminal Procedure, 1898 (Act 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 (Act V of 1908), including the powers of- (2) (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 this Ordinance or the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (W.P. Ordinance VI of 1968), or any other labour law, have the same powers as are vested in the Court of a Magistrate of the first class specially empowered under section 30 of the Code Criminal Procedure, 1898 (Act V of 1898). (4) No court fee shall be payable for filling, exhibiting or recording any document in, or obtaining any document from a Labour Court. (5) If the parties to a case, at any time before a final order is passed by a Labour Court that matter has been resolved by them amicably and that there are sufficient grounds for withdrawing the case, it may allow such withdrawal. Redress of individual grievances: It has been defined in section 46 of the Ordinance which is given below: (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 for the time being in force to the notice of his employer in writing, docsity.com Business and Labour Laws - MGT 611 VU © Copyright Virtual University of Pakistan 212 either himself or through his Shop Steward or collective bargaining agent, within one month of the day on which cause of such grievance arises. (2) Where a worker brings his grievance to the notice of an employer himself or through his Shop Steward or collective bargaining agent, the employer shall, within fifteen days of the grievance being brought to his notice, communicate his decision in writing to the worker. (3) If an employer fails to communicate a decision within the period specified in sub-section (2) or if a worker is dissatisfied with such decision, the worker or Shop Steward may take the matter to his collective bargaining agent or the Labour Court, as the case may be, and where the matter is taken to the Labour Court, it shall give a decision within seven days from the date of the matter being brought before it as if such matter were an industrial dispute: Provided that a worker who desires to take the matter to the Labour Court, he shall do so within a period of two months from the date of communication of the employer or, as the case may be, from the expiry of the period specified in sub-section (2). (4) In adjudicating and determining a grievance under sub- section (3), 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. (5) The Labour Court, in case the termination of services of a workman is held to be wrongful, may award compensation equivalent to not less than twelve months and not more than thirty months basic pay last drawn and house rent, if admissible, in lieu of reinstatement of the worker in service. (6) If a decision under sub-section (4) or an order under sub-section (5) given by the Labour Court or a decision of the High Court in an appeal against such a decision or order is not given effect to or complied with within one month or within the period specified in such order or decision, the defaulter shall additionally be punishable with fine which may extend to ten thousand rupees. (7) No person shall be prosecuted under sub-section (6) except on a complaint in writing by a workman if the order or decision in his favour is not implemented within the period specified therein. (8) 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 Labour Court. Awards and decision of Labour Court: sec 47 It has been defined in section 47 of the Ordinance which is given below: (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 a Provincial Government, provided that if the Federal Government be a party, two copies of the award or decision shall be forwarded to that Government as well. (2) Government shall, within a period of one month from the receipt of the copies of the award or decision, publish it in the official Gazette. (3) Any party aggrieved by an award given under sub-section (1) or a decision given under section 46 or on an application made under section 33 or a sentence passed in an offence tried by the Labour Court under clause (c) of sub-section (4) of section 44 may prefer an appeal to the High Court within thirty days of the delivery or passing thereof and the decision of the High Court in such appeal shall be final. (4) Save as otherwise expressly provided in this Ordinance, all decisions of, and all sentences passed by, a Labour Court shall be final and shall not be called in question in any manner by or before any court or other authority. Appeal to the High Court: It has been defined in section 48 of the Ordinance which is given below: (1) The High Court may, on appeal, confirm, set aside, vary or modify the award or decision given under section 46 or 33 a sentence passed under clause (c) of sub-section (4) of section 44 and shall exercise all the powers conferred by this Ordinance on the Labour Court, save as otherwise provided. (2) The decision of the High Court shall be delivered as expeditiously as possible, within a period of sixty days following the filing of an appeal, provided that such decision shall not be rendered invalid by reason of any delay in its delivery. (3) The High Court may, on its own motion, at any time, call for the record of any case or proceedings under this Ordinance in which Labour Court within it 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: Provided that no order under this sub-section shall be passed revising or modifying any order adversely affecting any person without giving such person a reasonable opportunity of being heard. docsity.com