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 

 


 

Suggested Amendments by I.R.A.A. in IRO, 2002

 

The Committee constituted by the General Body of the Industrial Relations Advisers Association vide its meeting held on January 30, 2003 held meetings on February 05, 11, 15 and 18, 2003 and finalized its recommendations. The Committee adopted all its recommendations with total unanimity and decided to separately report only four points of disagreement. The Committee comprised of the following:-

 

            1.    Mr. Chaudhry Muhammad Ashraf Khan

            2.    Mr. Chaudhry Muhammad Rashid

            3.    Mr. Mahmood Abdul Ghani

            4.    Mr. M. A. K. Azmati

            5.    Mr. Muhammad Majeed Jeelani

            6.    Mr. Malik Muhammad Rafique

            7.    Mr. S. M. Yaqoob

            8.    Mr. Shahid Anwar Bajwa

            9.    Mr. Shua-un-Nabi


 

SUGGESTED AMENDMENTS. . . .

 

THE INDUSTRIAL RELATIONS ORDINANCE, 2002

ORDINANCE NO. XCI OF 2002



1. Word “Preamble” shall be added before the word “whereas” occurring for the first time in the preamble..

 

SECTION 1

(a)      In subsection (4) clause (b) words “including Ministry of Defence lines of the Railways” shall be deleted;

(ii)        Clause (c) shall be deleted.

(iii)       In clause (d) word “department” shall be substituted by the word “establishments”.

(iv)     In clause (e) words “excluding those run on commercial basis” shall be deleted.

(v)       Clause (f) shall be deleted.

(vi)     In clause (g) words “petroleum products or of a seaport or an airport” shall be substituted by the words “of an airport”.

(vii)    Proviso shall be deleted.

 

SECTION 2

(a)       In clause (ii) for words “or an Appellate Court of competent jurisdiction” comma and words “Commission or Tribunal” shall be substituted.

(ii)        In subsection (x) clause (b) for the word “direction” word “supervision” shall be substituted.

(iii)       In subsection (x) clause (d) for words “office bearer” twice occurring word “officer” shall be substituted.

(iv)       In subsection (x) clause (f) shall be deleted.

(v)       In subsection (x) clause (g) shall be renumbered as clause (f) and for words “office bearer” word “officer” shall be substituted.

(vi)     For clause (xi) the following be substituted:

 

"establishment" means any office, firm, industrial unit, undertaking, shop, premises in which workmen are employed for the purpose of carrying on any industry and except in section 54, includes a collective bargaining unit, if any, constituted under that section in any establishment or group of establishment;

 

(vii)   Subsection (xiii) shall be deleted.

(vii)    In Subsection (xvi) after the words “conditions of work” words “of any person” shall be added.

(viii)   For Subsection (xvii) the following shall be substituted:

"industry" means any business, trade, manufacture, calling, service, employment or occupation.

(ix)     In subsection (xxvi) the words “or workmen, as the case may be,” shall be deleted.

(x)       In subsection (xxix) for words “collective bargaining agent unions” words “registered trade unions” shall be substituted and for word “ten” word “four” shall be substituted

(xi)     In subsection (xxx) words “but does include any person who is employed mainly in a managerial or administrative capacity” shall be deleted.

(xii)    The following subsections shall be added:

       (xxiva) ‘Rule” means rules made under section 79.

       (xxixa) “Tribunal” means a Labour Appellate Tribunal constituted under section 48.

 

SECTION 3

Clause (d) shall be deleted.

 

SECTION 6

In clause (2)(b) for words “one fourth” words “one fifth” shall be substituted.

 

SECTION 7

Words “such as theft, physical assault, murder, attempt to murder, etc.” shall be deleted and for words “a member or” word “an” shall be substituted.

 

SECTION 9

In subsection (4) words “or are not replied to within the time mentioned therein” shall be deleted and after words “reject the application” words “under intimation to the applicant union” shall be added.

 

SECTION 12

In subsection (3) clause (iii) for words “two months” words “six months” shall be substituted.

 

The following proviso shall be added:

 

Provided however that the Registrar shall not cancel registration of a trade union under clauses (ii), (iii) and (iv) in cases where there are not more than two registered trade unions in the establishment, group of establishments or industry.

 

SECTION 13

In clause (a) for words “High Court” word “Tribunal” shall be substituted.

 

SECTION 18

(i)      In subsection (1) for word “ten” word “four” shall be substituted.

(ii)    Words “or associations” and “or association” wherever occurring, except in the proviso to subsection (1) shall be deleted.

 

SECTION 19

In the first proviso to subsection (1) words “appointed by the Registrar” shall be deleted.

 

SECTION 20

(i)            In subsection (2) after the words “any such trade union” words “or employer” shall be added.

(ii)          In subsection (4) clause (a) for word “fifteen” word “seven” shall be substituted.

(iii)         In subsection (11) for words “three years” words “two years” shall be substituted.

(iv)        In clause (a) of subsection (13) after the words “secured to it” the words “or any workman by or under any laws other than this Ordinance,” shall be inserted.

(v)          In clause (d) of subsection (13) after the words Provident Funds, comma and words “any welfare institutions” shall be added.

(vi)        In subsection (14) for words “Office bearer” words “officer not below the rank of Assistant Director” shall be substituted.

Subsection (15) : The Committee has not been able to reach agreement on this subsection.

 

SECTION 22

This section shall be deleted.

 

SECTION 24

The Committee has not been able to reach agreement on this section.

 

SECTION 32

In section the words “a Board of arbitrators comprising serving or retired judges of the High Court or of the Supreme Court of Pakistan, as may be constituted by the respective Government, for compulsory arbitration” be deleted and words “the Commission if the dispute is referred by the Federal Government and to a Labour Court if the dispute is referred by the Provincial government for adjudication in accordance with the provisions of section 31” shall be substituted.

 

SECTION 33

Words “the redressal of any grievance or” shall be deleted.

 

SECTION 36

After the words “a Labour Court” words “or a Tribunal” shall be added.

 

SECTION 37

In the head note for words “Appellate Court” word “Tribunal” shall be substituted.

 

In subsection (2) for words “High Court” twice occurring, word “Tribunal” shall be substituted.

 

SECTION 40

(ii)    In subsection (1) for words “Court of competent jurisdiction” twice occurring, the word “Tribunal” shall be substituted.

(iii)     In subsection (1) clause (b) for words “a Court of competent jurisdiction” and for words “the High Court” words “a Tribunal” shall be substituted.

 

SECTION 43

Words “an industrial dispute” twice occurring shall be substituted by the words “any proceedings”.

 

SECTION 45

Word “from, a Labour Court” shall be substituted by words “in any proceedings under this Ordinance”.

 

SECTION 46

(i) In subsection (1) for words “one month” words “sixty days” shall be substituted.

(ii) In subsection (3) the words “or Shop Steward may take the matter to his collective bargaining agent or the Labour Court, as the case may be,” shall be substituted by the words “may take the matter to the Labour Court”. For words “seven days” words “one hundred and twenty days” shall be substituted. After the following further proviso shall be added:

 

Provided however if the matter is not finally disposed of within the aforesaid period the Labour Court shall submit report in respect of reasons for delay to the High Court.

 

(iii)     For subsection (5) the following shall be substituted:

(2)The Labour Court, in case the termination of services of a workman is held to be wrongful may pass order for reinstatement or, for the reasons to be recorded award, compensation, in addition to any monetary benefits under the terms and conditions of employment, equivalent to not less than twelve months and not more than thirty months wages in lieu of reinstatement of the worker in service.

 

(iv)    In subsection (6) for the words “High Court” the word “Tribunal” shall be substituted and for words “fine which may extend to ten thousand rupees” words “imprisonment with a term which may extend to one month or with fine which may extend to one thousand rupees, or with both  shall be substituted.

 

SECTION 47

In subsection (3) for words “High Court” occurring twice word “Tribunal” shall be substituted.

 

SECTION 48

(i)          Word High Court in the head note and wherever occurring in this section shall be substituted by the word “Tribunal”

(ii)        Subsection (1) shall be renumbered as subsection (1-A).

(iii)       Before the renumbered subsection (1-A0 the following subsections (1) shall be added:

 

       The Chief Justice of the High Court shall constitute a Labour Appellate Tribunal consisting of one Member who shall be a sitting judge of the High Court.

 

(iv)     For subsection (4) the following be substituted:

       The Tribunal may punish for contempt of its authority or that of any Labour Court with imprisonment with a term which may extend to one month or with fine which may extend to two thousand rupees, or with both”.

 

(v)   For subsection (5) the following shall be substituted:

       Any person sentenced under subsection (4) may prefer an appeal to Division Bench of the High Court.

 

SECTION 49

(i)          In subsection (1) for words “more than eight” words “less than five” be substituted.

(ii)        In subsection (2) after the words “Federal Government” words “on such terms and conditions, not below terms and conditions of a District Judge, as may be determined by the Federal Government in consultation with the Chief Justice of Pakistan”.

(iii)       For Subsection (3) the following be substituted:

       The Chairman shall be a person who is or has been a judge or additional judge of the Supreme Court or a High Court and shall be appointed for a term of three years in consultation with the Chief Justice of Pakistan. The Member shall be a person who is or has been, or is qualified to be, a judge or additional judge of a High Court or is a District Judge and shall be appointed for a period of three years in consultation with the Chief Justice of the concerned High Court and the Chairman.

 

(iv)     For proviso to clause (e) of subsection (4) the following be substituted:

       “Provided however if an order of interim injunction is passed by the Commission it shall finally dispose of the injunction application within a period of sixty days of the date of the order. Provided further that if the application is not finally disposed of within the period aforesaid, the order of the Commission shall stand vacated on the expiration of that period.”  

       Provided further that the period during which the Bench of the Commission is vacant shall be excluded while computing the period of sixty days.

(v)       In clause (g) of subsection (4) for word “healthy” words “formation of” shall be substituted.

 

SECTION 50

(i)          In this section and in the succeeding provision the words “Full Bench” wherever occurring shall be substituted by the words “Appellate Bench”.

(ii)        In clause (a) of subsection (2) for word “three” word “two” shall be substituted.

(iii)       In clause (b) of subsection (3) words “a Registrar or” twice occurring shall be deleted and after words “Labour Court” words “or Tribunal” shall be added at both places.

(iv)     For Proviso the following shall be substituted:

       Provided however for performance of functions, other than judicial functions, in respect of industry-wise trade unions, the Chairman shall appoint an officer of the Commission not being a Member or Chairman and not below an officer of grade 19 to perform functions of Registrar of Industry-wise trade unions.

(v)   In explanation for word “may” words “shall” shall be substituted.

 

SECTION 51

In clause (a) for the words “fine which may extend to forty thousand rupees” words “imprisonment with a term which may extend to one month or with fine which may extend to one thousand rupees, or with both” shall be substituted.

 

SECTION 52

(i)    For word “Full” twice occurring word “Appellate” shall be substituted.

 

SECTION 55

In subsection (1) for the words “the Commission may, with the prior approval of the Federal Government” words “the Federal Government shall” shall be substituted and before the full stop words “and the regulations shall have effect notwithstanding anything inconsistent therewith contained in the Qanoon-i-Shahadat, 1984 (Order       of 1984), the Code of Criminal Procedure, 1898 (Act V of 1898), the Code of Civil Procedure, 1908 (Act V of 1908) or any other law the time being in force” shall be added and for word “its” word “Commissions’s” shall be substituted.

 

Section 60

For words “High Court” wherever occurring “word “Tribunal” shall be substituted.

 

SECTION 61

For words “High Court” twice occurring “word “Tribunal” shall be substituted.

 

SECTION 62

For words “High Court” twice occurring “word “Tribunal” shall be substituted.

 

SECTION 63 & 64

The Committee has not been able to reach agreement on this section.

 

SECTION 73

For words “directors residents in Pakistan” word “manager” and for word “director” twice occurring word “manager” shall be substituted.

 

SECTION 75

For words “High Court” word “Tribunal” shall be substituted.

 

SECTION 77

After the words “Labour Court” word and comma “Tribunal,” shall be added.

 

SECTION 80

For clause (d) the following be substituted:

 

(a) All proceedings pending before a Tribunal on the date of commencement of this Ordinance shall stand revived and if the file had been transferred to the High Court shall be returned to the Tribunal by the High Court except where the matter has been finally decided by the High Court. All appeals and other proceedings filed in a High Court under this Ordinance shall stand transferred to the appropriate Tribunal.

 

POINTS OF DISAGREEMENT

The Committee has not been able to reach agreement on the following items:

 

(i)      Section 20(15)

 

Some members of the committee wanted that the subsection be retained in its present phraseology. Others felt that either it should be deleted in its entirety or at the most substituted by the following:

 

After an application under subsection (2) is made to the Registrar no employer shall transfer out of city of his posting any worker who is office bearer of any of the contestant trade unions save with the permission of the Registrar.

 

(ii)    Section 24

 

Some members of the committee wanted that the old sections 23-B, 23-C, 24 and 25 be reinserted. Others felt that it should be retained in its present form and at the most the following amendments be made: (i) In subsection (1) for words “forty per cent” words “fifty per cent” shall be substituted and after the words “the management” words “and Secretary of the Council shall be from workers representatives” shall be added and (ii) in subsection (3) the functions be added to incorporate material provisions of functions of bodies under old sections 23-B, 23-C and 25.

 

(iii)          Section 63 & 64

 

The Committee has not been able to reach agreement on this section.  Some Members felt that the old section 15 should be restored in its entirety. Others are of the opinion that clause in respect of standing Order 11-A should be deleted and right of management under the Constitution should be given the same respect, recognition and protection as is given to right of the union.

 

(iv)         Punishments

 

The Committee has not been able to reach agreement on this aspect. While some Members are of the opinion that punishments of fine (with abolishing of punishment of imprisonment) should be retained as such except in cases of contempt of court, other expressed opinion that there must be punishment of imprisonment, though it must be of reduced terms as compared with those specified in the IRO, 1969.