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The Industrial Relations Advisers,

Management & Labour Laws Consultants

 

Room 3, 1st floor, Falaknuma Building, Near The Laboratory & Haroon Radio, Abdullah Haroon Road, Karachi

Phone: 32727266 & 32729770 Fax: 32729770 (SM Iqbal) Email: iqbalblund@hotmail.com 


                                        Rs 700/- (postage extra)

 

 

 

 

 

INDEX

 

 

    PREFACE

 

CHAPTER – I

 

Brief History, Craftsmen, Industrial Revolution and Policy of Laissez Faire, State Intervention in Labour matters, Development of Joint Stock Companies and Professional Management, Reports of Commissions and Committees on Labour, I.L.O.

 

 

 

 

 

 

 

 

Pages 1 – 7

CHAPTER – II

 

General Jurisprudence and Industrial / Labour Jurisprudence, Principles of Interpretation, Application of maxims, Application of CPC to Labour Courts / Tribunal, Difference between Jurisdiction of Civil Courts and Labour Court / Tribunal, Principles of natural justice, the Divine Justice, Principles of Evidence, Other main Sources of Labour Jurisprudence.

 

 

 

 

 

 

 

 

 

 

 

 

Pages 8 – 14

CHAPTER – III

 

Social Justice and administration of Justice constitutional fundamental rights, Human rights under UNO Chapter, Role of ILO, 36 convention of ILO Ratified by Pakistan, Concept of Welfare state and Socialist state.

 

 

 

 

 

 

 

 

Pages 15 – 20

                               CHAPTER – IV             

 

Influence of Reports of Commissions, Committees, Policies and Experiments, Royal Commission on Labour Report, Labour Investigation Committee Report, 1946 Labour Polices and the Labour Policy 1969 of Pakistan, Robert Owen and Cooperative Movement, Hawthorne Experiments, Royal Commission on Agriculture, 1926.

 

 

 

 

 

 

 

 

 

 

 

 

Pages 21 – 28

CHAPTER – V

 

Principles of Industrial Psychology, Industrial Fatigue,  Removal of Fatigue, Commutative, Fatigue and Removal, Encashment of Annual Leave, Accidents caused due to fatigue, Contributory Negligence discarded, Acceptance of Theory of the Notional Extension of Employers Premises by the Supreme Court, Dangerous Machines and Hazardous Occupations, Occupational disease, Better Working Condition improve efficiency, Working in friendly group, Incentive Scheme Motivate Workers, We feeling among the workers, use of intelligence tests, Hawthorne experiments.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pages 29 – 39

CHAPTER – VI

 

Trade Unions, Collective Bargaining Agent Unions, Outsiders in Trade Unions, Mushroom growth of Trade Unions and Trade Union activities, industrial revolution and policy of laissez faire, state intervention in labour matters, Collective Bargaining Agent, Membership and Outsider as office bearer of union, Multiplicity of Unions, Industrial-wise Trade Unions, Check Off, Provision of unfair labour practices, Close Shop, Closure of Establishment, Trade Union activities. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pages 40 – 50

CHAPTER – VII

 

Theories of Wages, Types of Wages and Monetary Incentives, Theories of Wages, Substances Wage, Labour Supply and Demand, Marginal Productivity Theory, Marxist Theory of Wages, Prevailing Market Rates of Wages, Collective Bargaining, Basis of arbitration and adjudication awards, Minimum Wages fixed by states, free market economy, Types of Wages Subsistence wage, Minimum Wage, Fair Wage, Living Wage, Monetary Incentives. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pages 51 – 60

CHAPTER – VIII

 

Minimum Wages, Laws granting allowances, minimum Service conditions fixedly by law, custom, usage and practice. Minimum Wages, Minimum Wages Ordinance, 1961. Minimum Wages for Unskilled Workers Ordinance, 1969, Other laws granting allowances, statutory allowances and monetary benefits, Provincial laws on statutory special allowances, Minimum Service conditions fixed by the law, custom, Usage and Practice, Legal provisions ensuring prompt payments.    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pages 61 – 70

CHAPTER – IX

 

Profit Sharing, Bonus and profit bonus, customary bonus, festival bonus, custom, usage and practice, production bonus, profit bonus, Full Bench Formula, S.O. 10-C bonus, case laws, Companies Profits (W.P.) Act, 1968 and Profits sharings, one law of profit sharing by employees.

 

 

 

 

 

 

 

 

 

Pages 71 – 82

CHAPTER – X

 

Settlements of Disputes,

Types of disputes, Modes of Settlement of Disputes, Mediation, Conciliation, Arbitration, Adjudication, Adjudication of Industrial Disputes, Basis and Principles of industrial dispute awards approved by the Superior Courts, case laws, benevolent despot, laws in connection with settlement of industrial disputes.

 

 

 

 

 

 

 

 

 

 

 

 

 

Pages 83 – 94

 

 

 

 

Industrial / Labour

Jurisprudence

 

 

 

By

 

S.M. YQOOB

Industrial Relations Adviser,

Management & Labour Laws Consultant,

Advocate Supreme Court and

Life Chairman IRAA

 

 

 

M/s S. M. Yaqoob & S. M. Iqbal

3, Falaknuma Building

39, Abdullah Haroon Road,

Karachi

Tel. Nos.: 32727266 & 32729770

Fax: 32729770

E-mail: Iqbalblund@hotmail.com

Website: www.smyaqoob.com

 

 

 

 

 

 

 

 

 

 

CHAPTER – XI

 

Concept of Social Security

Provincial Employees Social Security Ordinance, 1965, Workmen’s Compensation Act, 1923, Workers Children (Education) Ordinance, 1972, Employment Injury, Occupational Disease, Contributory Negligees and theory of Notional Extension of premises, Group insurance.   

 

 

 

 

 

 

 

 

 

 

Pages 95 – 102

CHAPTER – XII

 

Labour Welfare Measures

Types of Welfare measures, direct statutory monetary benefits, indirect statutory benefits, Factories Act, 1934, Hygiene cards, Welfare Officers, Occupational diseases and hazardous occupations, canteen, certificate of stability, workers welfare fund, Worker Children (Education) Ordinance, 1972, Excise Duty on Minerals (Labour Welfare) Act, 1967 and other mine laws, recreation and sports facilities, medical facilities, confessional rate of Co.’s products, Fair price shops, Loan Fund, Hajj, Welfare activities by trade unions.       

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pages 103–115

CHAPTER – XIII

 

Protection of women workers, Children, Maternity Leave, Equal Wages for men and women and Workers Children Education Children, adolescent and adult, women workers, employment by married women, crθche for children of working women, special provisions for female workers, equal wages for men and women workers, workers children education.  

 

 

 

 

 

 

 

 

 

 

 

 

Pages 116–124

CHAPTER – XIV

 

Joint Consultation, Participation in Management and Co-ownership

Shop stewards, works council, workers participation in management, joint management board, duplication in functions and multiplicity of bodies, board of trustees under the companies profits (workers participation) Act, 1968, provident fund, canteen managing committee, co-ownership of workers.   

 

 

 

 

 

 

 

 

 

 

 

 

 

Pages 125–132

CHAPTER – XV

 

Grievance Handling and Grievance procedure

What is a grievance, What causes grievance, types of grievances, importance of grievance handling, grievance procedure of the organization, steps in handling grievance, other factors of handling grievance (1) Place the employee at ease, (2) Receive the grievance sympathetically, (3) encourage talk, (4) Select a favourable location, (5) Hear the case fully, (6) Reach a definite settlement, (7) Try to settle grievance early, (8) Follow up, Legal provision of settling grievances.  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pages 133–139

CHAPTER – XVI

 

INDUSTRIAL DISCIPLINE

Chamber’s Dictionary, Black’s Law dictionary, what is discipline, what is good discipline, preventive discipline, corrective discipline, securing necessary facts, consideration of facts, proper administration of corrective measures, follow up, Standing Orders Ordinance, 1968, case laws, public utility services, Essential Services maintenance laws.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pages 140–153

CHAPTER – XVII

 

Motivational effects of incentives

Better Working conditions, working hours, spread over, weekly holidays, festival holidays and annual leave, rest intervals, refreshment during rest intervals, having right man for the right job, working in friendly group, overtime, monetary incentive schemes,  

 

 

 

 

 

 

 

 

 

Pages 154–160  

CHAPTER – XVIII

 

Contracting system ­–– Job contract, specific individual job contract, service contract, Labour supply contracts, standing order, 20, case laws, right of employer to engage contractors recognized, reasons of contracting, labour supply contracts and regulation of contract employment, case laws.

 

 

 

 

 

 

 

 

 

 

Pages 161–169

CHAPTER – XIX

 

Cartels, monopolies, Nationalization and Privatization

Cartels & monopolies, nationalization, Denalization and Privatization, golden hand shake schemes, failures of economic systems, Changing Imperialistic Modes and Methods, interest free Islamic economy as the new economic order.

 

 

 

 

 

 

 

 

 

Pages 170–180

CHAPTER – XX

 

The Labour Judiciary

Industrial Disputes Act, 1947, Industrial Courts, Industrial Appellate Tribunal, Labour Court, Labour Appellate Tribunal, NIRC, Hearing Appeals by Tribunal or by the High Courts, abolishing the Labour Appellate Tribunal by IRO, 2002, status of the labour Judiciary, Changes Required.

 

 

 

 

 

 

 

 

 

 

 

Pages 181–195

The Objective Resolution of the Constitution of Pakistan.

 

 

Pages 196–200

Bibliography

Pages 201–202