INDUSTRIAL RELATIONS ORDINANCE
It has been defined in section 3 of the ordinance which is given below:
Following provisions of law shall apply with respect to different aspects of trade unions and freedom of associations:
(1) Subject to the provision of Article 17 of the Constitution of the Islamic Republic of Pakistan, this Ordinance and any other law for the time being in force-
(a) the workers shall, without distinction whatsoever, have the right to form and subject to the constitution or rules of a trade union, join any trade union of their choice within the establishment or industry they are employed in; provided that worker shall not be entitled to be a member of more than one trade union at any one time; provided further that on joining another union, the earlier membership will stand automatically
(b) the employers, shall, without distinction whatsoever, have the right to form or join any association of
their choice and their association shall have the right to draw up their constitution and rules, elect freely their representatives, organize their administration and activities and formulate their programmes; (c) trade unions of workers and associations of employers shall have the right to form and join federations and confederations of trade unions and associations, and such federations and confederations shall have the right to affiliate with international organizations and confederations of workers and employers, as the case may be; and
(d) every collective bargaining agent union shall have to affiliate with any federation at the national level
registered with the National Industrial Relations Commission within two months after its determination as collective bargaining agent or promulgation of this Ordinance, whichever is earlier.
(2) The workers and employers and their respective bodies shall, exercising their rights under section (1), like other persons or organized collectivities, respect and abide by all Federal and Provincial laws.
Registration of Trade Union:
The following procedure shall be adopted with respect to registration of a trade union:
- Filing of the application for registration of the trade union as per requirements of the ordinance
Requirements for application:
It has been defined in section 5 of the ordinance which is given below: An application for registration 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 trade union;
(iii) The titles, names, ages, addresses and occupations of the office bearers of the trade union;
(iv) Statement of total paid membership;
(v) The name of the establishment, group of establishments or the industry, as the case may be, to
which the trade union relates along with a statement of the total number of workers employed therein;
(vi) 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 trade union relates;
(vii) The names, addresses and registration number of member trade unions, in case the application is
made by a federation of trade 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 signatures of the Chairman of the meeting;
(c) a copy of the resolution by the members of the trade union authorizing its President and the General Secretary to apply for its registration; and (d) a copy of the resolution from each of the constituent trade unions agreeing to become a member of a federation or confederation of trade unions, where such application is made by a federation or confederation.
Requirements for Registration:
It has been defined in section 6 of the ordinance which is given below:
Following matters are essential for the registration of a trade union.
(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 purposes for which the trade union has been formed;
(c) the purposes for which the general funds of the union shall be applicable;
(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 office bearers 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 office bearers and members of trade union;
(i) the manner in which the trade union may be dissolved;
(j) the manner of election of office bearers by the general body of the trade union and the term not exceeding three years, for which an office bearer may hold office upon his election or re-election through secret ballot;
(k) the procedure for expressing want of confidence in any office bearer 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 in every four months and the general body at least once every year.
(2) Without prejudice to the provisions of the 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 establishment or 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-fourth of the total number of workmen employed in such establishments, group of establishments or industry, as the case may be.
Disqualification for being an office-bearer of a trade union:
It has been defined in section 7 of the ordinance which is given below:
A person who has been convicted on account of a criminal offence such as theft, physical assault, murder, attempt to murder, etc. , shall be disqualified from being elected as member or office bearer.
Registration of Trade Union by the Registrar and issuance of Registration Certificate:
The procedure and requirements to be fulfilled are provided in section 9 of the ordinance.
(1) The Registrar, after having exercised due diligence and verification of facts, and on being satisfied that a trade union has complied with all 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 fifteen days from the date of receipt of the application under intimation to the concerned employer.
(2) In case the application for registration is found by the Registrar to be deficient in any material respect, he shall communicate in writing all his objections to the trade union within a period of fifteen 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.
(3) When the objections raised by the Registrar have been satisfactorily met, the Registrar shall register the trade union as provided in sub-section (1) and issue a registration certificate there under within three days of the date of the objections having been so met under intimation to the employer.
(4) In case the objections raised under sub-section (2) are not satisfactorily met or are not replied to within the time mentioned therein, the Registrar shall reject the application.
(5) Where the application for registration is rejected or the Registrar delays the disposal of such application beyond the period of fifteen days specified in sub-section (1) or does not issue a registration certificate
within a period of three days specified in sub-section (3), the trade union may appeal to the Labour Court which may, for reasons to be recorded, by an order, direct the Registrar to register the trade union and to
issue a registration certificate or may dismiss the appeal.
(6) 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 office bearers shall be notified by registered post to the Registrar by the trade union within fifteen days of such alteration or change, as the case may be.
(7) The Registrar may refuse to register any alteration or change referred to in sub-section (6), 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.
(8) Subject to the provisions of sub-section (7), every inclusion or exclusion of any constituent unit of a federation of trade unions shall be notified by registered post to the Registrar by the federation within fifteen days of such inclusion or exclusion.
(9) In case there is a dispute in relation to the change of office bearers of a trade union or any trade union is aggrieved by order of the Registrar made under sub-section (7), any office bearer or member of the trade
union may apply or appeal to the Labour Court which 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 such alteration or change or may, for reasons to be recorded in writing, direct the Registrar to hold fresh elections of the trade union under his supervision. Cancellation of Registration:
- Registration of trade Union can be cancelled by a Labour court.
- Cancellation can be made by the registrar. Appeal against cancellation of registration.
Appeal against the cancellation can be made before the following courts:
- In case of cancellation by labour court, appeal shall be made before the High Court.
- In case of cancellation of registration by the Registrar, appeal shall be made before the labour court. (Sec 13).