The Industrial Relations Advisers,

Management & Labour Laws Consultants

 

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

Phone: 2727266 & 2729770 Fax: 2729770 (S M Iqbal)  Email: iqbalblund@hotmail.com 

 


             The Industrial Relations Ordinance, 1969

(Act No. XXIII of 1969)


 

An Ordinance to amend and consolidate the law relating to the formation of trade unions, the regulation of relations between employers and workmen and the avoidance and settlement of any the avoidance and settlement of any difference or disputes arising between them.

 

Preamble: Whereas it is expedient to amend and consolidate the law relating to the formation of trade unions, the regulation of relation between employers and workmen and the avoidance and settlement of any differences or disputes arising between them or matters connected therewith and ancillary thereto;

 

And, whereas, the national interest of Pakistan in relation to the achievement of uniformity requires Federal legislation in the matter;

 

Now, therefore, in pursuance of the proclamation of the 25th day of March, 1969 read with the provisional Constitution Order, 1969 and in exercise of all powers enabling him in that behalf the President is pleased to make and promulgate the following Ordinance:-

 

 

PRELIMINARY

 

1. Short title, extent, application and commencement:

 

(1) This Ordinance may be called the Industrial Relations Ordinance, 1969.

 

(2) It extends to the whole of Pakistan.

 

2[(3) It shall not apply to any person employed.

 

(a) in the Police or any of the Defence Services of Pakistan or any services or installations connected with or incidental to the Armed Forces of Pakistan including an Ordnance Factory maintained by the Federal Government; or

 

(b) in the administration of the State other than those employed as workmen by the Railway, Posts, Telegraph and Telephone Departments; or

 

(c) as a member of the Security Staff of the Pakistan International Airlines Corporation, or drawing wages in such pay group, not lower than group V, in the establishment of that Corporation as the Federal Government may, in the public interest or in the interest of security of the Airlines, by notification in the Official Gazette, specify in this behalf; or

 

(d) by the Pakistan Television Corporation or the Pakistan Broadcasting Corporation; or

 

(e) by the Pakistan Security Printing Corporation or the Security Papers Limited 3[or];

 

4[(f) by an establishment maintained for the treatment or care of sick infirm, destitute as mentally unfit persons]; 

 

5[or]

 

6[(g) as a member of the Watch and Ward, Security or Fire Service Staff of an oil refinery; or

 

(h) as a member of the Security of Fire Service Staff of an establishment engaged in the production, transmission or distribution of natural gas or liquefied petroleum gas.]

 

7[(3-A) Without prejudice to the provisions of sub-section (3), for a period of sixty days from the commencement of the Industrial Relations (Amendment) Act, 1976, this Ordinance shall not apply to any person employed in the establishment of the Pakistan International Airlines Corporation.]

 

2. Definitions: In this Ordinance unless there is anything repugnant in the subject or context,-

 

(i) "Arbitrator" means a person appointed as such under this Ordinance;

 

(ii) "Award" means the determination by a Labour Court, Arbitrator or Appellate Tribunal of any industrial dispute or any matter relating thereto and includes an interim award;

 

(iii) & (iv) [Omitted by the Industrial Relations (Amendment) Ordinance, XIX of 1970, Section 2 (a)];

 

(v) "Collective bargaining agent", in relation to an establishment or industry, means the trade union of the workmen which under Section 22, is the agent of workmen in the establishment or, as the case may be, industry, in the matter of collective bargaining;

 

8[(v-a) "Collective bargaining unit" means those workers or class of workers of an employer in one or more establishment falling within the same class of industry whose terms and conditions of employment are, or could appropriately be, the subject of collective bargaining together;

 

(v-aa) "Commission" means the National Industrial Relations Commission constituted under Section 22-A;]

 

(vi) "Conciliation proceedings" means any proceedings before a conciliator];

 

(vii) "Conciliator" means,-

 

(a) in respect of disputes which the National Industrial Relations Commission is competent to adjudicate and determine, a person appointed as such under sub-section (2) of Section 27; and

 

(b) in respect of other disputes, a person appointed as such under sub-section (1) of that section];

 

(viii) "Employer", in relation to an establishment, means any person or body of persons, whether incorporated or not, who or which employs workmen in the establishment under a contract of employment and includes-

 

(a) an heir, successor or assign, as the case may be, of such person or body as aforesaid;

 

(b) any person responsible for the management, supervision and control of the establishment:

 

(c) in relation to an establishment run by or under the authority of any department of the Federal Government or Provincial Government, the authority appointed in this behalf or, where no authority is so appointed, the Head of the department;

 

(d) in relation to an establishment run by or on behalf of a local authority, the officer appointed in this behalf, or where no officer is so appointed, the chief executive officer of that authority;

 

Special Provision: For the purpose of distinction from the category of "workers" or "workmen", officers and employees of a department of the Federal Government or a Provincial Government or local authority who belong to the superior, managerial, secretarial, directorial; supervisory or agency staff and who have been notified for this purpose in the official Gazette shall be deemed to fall within the category of "employers";

 

(e) in relation to any other establishment, the proprietor of such establishment and every director, manager, secretary, agent or officer or person concerned with the management of the affairs thereof;

 

(ix) "Establishment" means any office, firm, industrial unit undertaking, shop or premises in which workmen are employed for the purpose of carrying on any 9[industry] 10[and, except in Section 22-EE; includes a collective bargaining unit, if any, constituted under that section in any establishment or group of establishments];

 

(x) "Executive" means the body, by whatever name called, to which the management of the affairs of a trade union is entrusted by its constitution:

(xi) "Illegal lock-out" means a lock-out declared, commenced or continued otherwise than in accordance with the provisions of this Ordinance;

 

(xii) "Illegal strike" means a strike declared, commenced or continued otherwise than in accordance with the provisions of this Ordinance;

 

(xiii) "Industrial dispute" means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen which is connected with the employment or non-employment or the terms of employment or the conditions of work of any person; and is not in respect of the enforcement of any right guaranteed or secured to him by or under any law. "other than this Ordinance, or any award or settlement to the time being in force;

 

(xiv) "Industry" means any business, trade manufacture, calling, service, employment or occupation:

 

(xiv-a) "inspector" means an inspector appointed under this Ordinance;

 

(xv) "Labour Court" means a Labour Court establishment under Section 35;

 

(xvi) ''Lock-out" means the dosing of a place of employment or part of such place, or the suspension, wholly or partly, of work by an employer, or refusal, absolute or conditional, by an employer to continue to employ any number of workmen employed by him, where such closing, suspension or refusal occurs in connection with an industrial dispute or is intended for the purpose of compelling workmen employed to accept certain terms and conditions of or affecting employment;

 

(xvii) "Organisation" means any organisation of workers or of employers for furthering and defending the interests of workers or of employers;

 

(xviii) "Officer", in relation to a trade union, means any member of the executive thereof but does not include an auditor or legal adviser;

 

(xix) "Prescribed" means prescribed by rules;

 

(xx) "Public utility service" means any of the services specified in the Schedule;

 

(xxi) "Registered trade union" means a trade union registered under this Ordinance;

 

(xxii) "Registrar" means a Registrar of Trade Unions appointed under Section 12;

 

(xxiii) "Rule" means rule made under Section 66;

 

(xxiv) "Settlement" means a settlement arrived at in the course of a conciliation proceeding, and includes an agreement between an employer and his workmen arrived at otherwise than in the course of any conciliation proceedings, where such agreement is in writing, has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to the Provincial Government, the Conciliator and such other person as may be prescribed;

 

(xxv) "Strike" means a cessation of work by a body of persons employed in any establishment acting in combination or a concerted refusal, or refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment;

 

(xxvi) "Trade union" means any combination of workmen or employers formed primarily for the purpose of regulating the relations between workmen and employers, or workmen and workmen or employers and employers, or for restrictive conditions on the conduct of any trade or business and includes a federation of two or more trade unions;

 

(xxvii) "Tribunal" means a Labour Appellate Tribunal constituted under Section 38 of this Ordinance;

 

11[(xxvii-a) "Wage Commission" means a Wage Commission constituted under Section 38-A;]

 

(xxviii) "Worker" and "workman" mean any person not failing within the definition of employer who is employed (including employment 12[as a supervisor or] as an apprentice) in an establishment or industry for hire or reward wither directly or through a contractor whether the terms of employment be expressed or implied, and, for the purpose of any proceedings under this Ordinance in relation to an industrial dispute includes a person who has been dismissed, discharged, retrenched, isid-off or otherwise removed from employment in connection with or as a consequence of that dispute or whose dismissal, discharge, retrenchment, lay-off, or removal has led to that dispute 13[but does not include any person-

 

(a) who is employed mainly in managerial or administrative capacity; or

 

(b) who, being employed in a supervisory capacity, draws wages exceeding eight hundred rupees per mensern or performs, either because of the nature of duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.]

 

11 - Clause (xxvii-a) added by 1.R. (Amendment) Act, XVI of 1975, Sec. 3.

 

12. Words added by the Labour Laws (Amed.) Ordinance, IX of 1972.

 

13. Words and subclasses (a) & {b) added by Industrial Relations' (Amendment) Act, XXSX of 1973.

 

Explanation: [Omitted by the Industrial Relations (Amendment) Act, XXIX of 1973, S. 2 (3) (i).]

 

3. Trade unions and freedom of association: Subject to the provisions contained in this Ordinance:

 

(a) workers, without distinction whatsoever shall have the right to establish and, subject only to the rules of the organisation concerned, to join associations of their own choosing without previous authorisation:

 

14[Provided that no worker shall be entitled to be a member of more than one trade union at any one time];

 

(b) employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join associations of their own choosing
without previous authorisation;

 

(c) trade unions' and employers' associations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes;

 

(d) workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations and confederations of workers' and employers' organisations.

 

4. Adherence to the law of the land: Workers and employers and their respective organisations, in exercising the rights provided for in Section 3, like other persons or organised collectivities, shall respect the law of the land.

 

5. Application for registration: Any trade union may, under the signature of its President and the Secretary, apply for registration of the trade union under this Ordinance.

 

6. Requirements for application: Every application for registration of a Trade Union shall be made to the Registrar and shall be accompanied by-

 

(a) A statement showing-

 

(i) the name of the trade union and the address of its Head Office;

 

(ii) date of formation of the union;

 

(iii) the titles, names, ages, addresses and occupations of the officers of the trade union;

 

(iv) statement of total paid membership;

 

15[(vi-a) the name of the establishment or group of establishments, or the industry, as the case may be, to which the trade union relates 16[along with a statement of the total number of workers employed therein];

 

17(iv-b) the names and addresses of the registered trade unions in the establishment group of establishments or industry, as the case may be, to which the union relates;]

 

(v) in case of a federation of trade unions, the names, addresses and registration number of member-unions;

 

(b) Three copies of the constitution of the trade union together with a copy of the resolution by the members of the trade union adopting such constitution bearing the signature of the Chairman of the meeting;

 

(c) A copy of the resolution by the members of the trade union authorising its President and the Secretary to apply for its registration; and

 

(d) In case of a federation of trade unions, a copy of the resolution from each of the constituent unions agreeing to become a member of the federation.

 

18[7. Requirements for registration

 

(1) A trade union shall not be entitled to registration under this Ordinance unless the constitution thereof provides for the following matters, namely:-

 

(a) the name and address of the trade union;

 

(b) the objects for which the trade union has been formed;

 

(c) the purposes for which the general funds of the union shall be applicable;

 

19[(d)the number of persons forming the executive which shall not exceed the prescribed limit and shall include not less than seventy-five per cent from amongst the workmen actually engaged or employed in the establishment or establishments or the industry for which the trade union has been formed;]

 

(e) the conditions under which a member shall be entitled to any benefit assured by the constitution of the trade union and under which any fine or forfeiture may be imposed on him;

 

(f) the maintenance of a list of the members of the trade union and of adequate facilities for the inspection thereof by the officers and members of the trade union;

 

(g) the manner in which the constitution shall be amended, varied or rescinded;

 

(h) the safe custody of the funds of the trade union, its annual audit, the manner of audit and adequate facilities for inspection of the account books by the officers and members of the trade union;

 

(i) the manner in which the trade union may be dissolved;

 

20[(j) the manner of election of officers by the general body of the trade union and the term, not exceeding two years, for which an officer may hold office upon his election or re-election;

 

(k) the procedure for expressing want of confidence in any officer of the trade union; and

 

(l) the meetings of the executive and of the general body of the trade union, so that the executive shall meet at least once every year].

 

21[(2) Without prejudice to the provisions of sub-section (1) a trade union of workmen shall not be entitled to registration under this Ordinance-

 

(a) unless all its members are workmen actually engaged or employed in the industry with which the trade union is connected; and

 

(b) where there are two or more registered trade unions in the establishment, group of establishments or industry with which the trade union is connected, unless it has as its members not less than one-fifth of the total number of workmen employed in such establishment, group of establishments or industry, as the case may be.

 

22[7-A. Disqualification for being an officer of a trade union: Not withstanding anything contained in the constitution or rules of a trade union, a person who has been convicted of an offence under 23[...] Section 61 shall be disqualified from being elected as, or from being, an officer of a trade union.

 

24[7-B. Registered trade union to maintain register, etc.: Every registered trade union shall maintain in such form as may be prescribed-

 

(a) a register of members showing particulars of subscriptions paid by each member;

 

(b) an accounts book showing receipts and expenditure; and

 

(c) a minute book for recording the proceedings of meetings].

 

8. Registration

 

(1) The Registrar, on being satisfied that the trade union has complied with all the requirements of this Ordinance, shall register the trade union in a prescribed register and issue a registration certificate in the prescribed form within a period of 25[fifteen] days from the date of receipt of the application. In case the application is found by the Registrar to be deficient in a material respect or respects he shall communicate in writing his objections to the trade union within a period of 15 days from the receipt of the application and the trade union shall reply thereto within a period of fifteen days from the receipt of the objections.

 

(2) When the objections raised by the Registrar have been satisfactorily met, the Registrar shall register the trade union as provided in sub-section (1) 26[and issue a certificate of registration in the prescribed form within three days of the date of the objections having been so met]. In case the objections are not satisfactorily met, the Registrar may reject the application.

 

(3) In case the application has been rejected or the Registrar has 27[delayed disposal of the application beyond the period of fifteen days provided in sub-section (1) or has not issued a certificate of registration within a period of three days as provided in sub-section (2), as the case may be,] the trade union may appeal to the Labour Court who for reasons to be stated in 28[its] judgment may pass an order directing the Registrar to register the trade union and to issue a certificate of registration or may dismiss the appeal.

 

29[(4) Notwithstanding anything contained in any other provision of this Ordinance, every alteration made in the constitution of a registered trade union and every change of its officers shall be notified by the trade union to the Registrar within fifteen days of such change.

 

(5) The Registrar may refuse to register such change or alteration if it is in contravention of any of the provisions of this Ordinance, or if it is in violation of the constitution of the trade union.

 

(6) Subject to the provision of sub-section (5), every inclusion or exclusion of any constituent unit of a federation of trade unions shall be notified by registered post by the federation to the Registrar within fifteen days of such inclusion or exclusion.

 

(7) In case there is a dispute in relation to the change of officers of a trade union, or any trade union is aggrieved by the refusal of the Registrar under sub-section (5), any officer or member of the trade union may apply or appeal to the Labour Court, who shall within seven days of receipt of the application or appeal, as the case may be, pass an order either directing the Registrar to register the change or alteration in the constitution or in the officers of the trade union or may, for reasons to be recorded in writing, direct the Registrar to hold fresh elections of the union under his supervision.]

 

30[8-A. Transfers, etc., of officer of trade union during pendency of application for registration: Save with the prior permission of the Registrar no officer of a trade union of workmen shall be transferred, discharged, dismissed or otherwise punished during the pendency of an application for registration of the trade union with the Registrar, provided that the union has notified the names of its officers to the employer in writing.

 

9. Certificate of registration: The Registrar, on registering a trade union under Section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the trade union has been duly registered under this Ordinance.

 

10. Cancellation of registration: (1) The registration of a trade union shall be cancelled if the Labour Court so directs upon a complaint in writing made by the Registrar that the trade union has:-

 

(i) contravened 31[or has been registered in contravention of] any of the provisions of this Ordinance or the rules; or

 

(ii) contravened any of the provisions of its constitution; or

 

(iii) made in its constitution any provision which is inconsistent with this Ordinance or the rules;

 

(iv) [Omitted by the Industrial Relations (Amendment) Act, XVI of 1975.]

 

(2) Where any person who is disqualified under Section 7-A from being elected as, or from being, an officer of a trade union is elected as an officer of a registered trade union, the registration of that trade union shall be cancelled if the Labour Court, upon a complaint in writing made in this behalf by the Registrar, so directs.

 

32[(3) The registration of a trade union shall be cancelled by the Registrar if, after holding such inquiry as he deems fit, he finds that such trade union has dissolved itself or has ceased to exist.]

 

33[11. Appeal against cancellation: Any trade union aggrieved by a decision given:-

 

(a) by the Labour Court under sub-section (1) or sub-section (2) of Section 10, may appeal to the Tribunal, or

 

(b) by the Registrar under sub-section (3) of Section 10, may appeal to the Labour Court.

 

12. Registrar of trade unions: For the purpose of this Ordinance, the Provincial Government shall, by notification in the official Gazette, appoint as many persons as it considers necessary to be Registrars of trade unions and, where it appoints more than one Registrars, shall specify in the notification the area within which each one of them shall exercise and perform the powers and functions under this Ordinance.

 

13. Powers and functions of Registrar

 

(1) The following shall be the powers and functions of the Registrar:-

 

(a) the registration of trade unions under this Ordinance and the maintenance of a register for the purpose;