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 (S M Iqbal)  Email: iqbalblund@hotmail.com 

 

 

†† Circular No. C Ė 123††††††††††††††††††††††††††††††††††††††††††††††††††††††† †††††††† Date: 30-09-2010

 

 

 

Provincial Industrial Relations Laws

 

 

1.      ††††††††††By virtue of the 18th amendment in the Constitution of Pakistan on 19-04-2010 and abolition of the Concurrent List, the labour is no longer a Federal subject but it is now a provincial subject.

 

2.      †††††††††††Section 87(3) of IRA, 2008 contained itís automatic repeal on 30-04-2010 and it stood repealed on 30-04-2010 but the provincial Governments. were not alive to the situation arising out of it to fill in the vacuum by their own laws on the Industrial Relations which created legal confusion.

††

3.      ††††††††The Punjab Govt. issued itís the Punjab Industrial Relations Ordinance, 2010 on 13-06-2010 which has added sub-Section (h) under itís Section 1 (3) and abolished Industrial Relations Commission and itís powers and functions have been conferred on the provincial Registrar of Trade Unions, Labour Courts and the Labour Appellate Tribunal and it has provided Saving and Transfer Sections 82 & 83 in it.

 

4.      ††††††††††††The Sindh Govt. took easy course and the Sindh Assembly passed the Industrial Relation (Revival and Amendment) Act, 2010 assented by the Governor on 02-07-2010 which has only three brief Sections adopting the IRA, 2008 and omitting Section 87(3) of the IRA, 2008 which has created confusion and legal controversy as to whether a provincial Govt. can retain the Federal Institution of NIRC with itís all functions, it adopts the entire IRA, 2008 minus itís Section 87 (3) and Section 1 (2) IRA, 2008 mentions that it shall extend to the whole of Pakistan. How could one province do so which have been challenged in the Sindh High Court in a constitutional petition being heard by it.

 

5.      †††††††††††The Khyber P.K has issued itís the Khyber Pakhtun Khwa Industrial Relations Ordinance, 2010 on 14-07-2010 having the same provisions as the Punjab Industrial Relations Ordinance, 2010 with transfer and Saving Sections 82 & 83 in it. The important charge has been made in itís denifination of industry given in itís Section 2 (xv) to and included private educational institution and private health center in it.††

 

6.      †††††††††††The Balochistan Govt. has issued itís the Balochistan Industrial Relations Ordinance, 2010 on 22-07-2010 which has provided itís provincial Industrial Relations Commission having the same powers and functions as the NIRC and also transfer, repeal & Saving Sections 86, 87 & 88 in it.

 

7.      †† †††††††††The above has created confusion legal controversies and problem to maintain uniformity in these laws of all the provinces.

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8.      †††††††††(i)†† †††As regards Sindh there is no change and IRA, 2008 continues to apply as before †††††† ††††††with the NIRC having powers & functions along-with, Registrar of Industry-wise †††††††† ††††††Trade Unions, CBA and CBU determined by the NIRC.

(ii)                With regard to the other three provinces, there is no Federal Institution as the NIRC in their laws except in Balochistan which has provided itís provincial Industrial Relations Commission with the same powers and functions as the NIRC. We have to seek help from the provisions of the Transfers and Savings provided therein which protect the trade unions, CBAs, CBUs, rules, acts notifications, etc already done under IRA, 2008 and so also under IRO, 1969 and IRO, 2002 having also similar provisions.

(iii)               With the above modifications most of the provisions of IRA, 2008 have been also retained by the three provinces.

(iv)              However the above transfer and protection provisions are transitional and, in due course they have to conform with their respective provincial law. The workers may now form separate unions for separate provinces, separate CBAs of separate provinces and their functioning as such to be dealt-with them by the employers separately which would create problems for the employers including to maintain uniformity in the whole Co. in the terms & conditions of service.††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††† ††††††††††† †††††††††††††††††††††††† ††††††††††††††††††††††††††††††† †††††

††††††††††††††††††††††††††††††††††††††††††††††††††† ††† (S. M. Yaqoob & S. M. Iqbal)

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Industrial Relations Advisers &

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †† Labour Laws Consultants