THE PUNJAB INDUSTRIAL RELATIONS ACT 2010 (XIX OF 2010) CONTENTS

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. Short title e!te"t #$$li%#tio" #"& %o''e"%e'e"t De(i"itio") Tr#&e *"io") #"& (ree&o' o( #))o%i#tio" A$$li%#tio" (or re+i)tr#tio" Re,*ire'e"t) (or #$$li%#tio" Re,*ire'e"t) (or re+i)tr#tio" Di),*#li(i%#tio" (or -ei"+ #" o((i%e.-e#rer o( # tr#&e *"io" Re+i)tere& tr#&e *"io" to '#i"t#i" re+i)ter Re+i)tr#tio" Tr#")(er o( o((i%e.-e#rer o( tr#&e *"io" &*ri"+ $e"&e"%/ o( #$$li%#tio" (or re+i)tr#tio" Certi(i%#te o( re+i)tr#tio" C#"%ell#tio" o( re+i)tr#tio" A$$e#l #+#i")t %#"%ell#tio" Re+i)tr#r o( Tr#&e U"io") Po0er) #"& (*"%tio") o( Re+i)tr#r I"%or$or#tio" o( re+i)tere& tr#&e *"io" U"(#ir l#-o*r $r#%ti%e) o" the $#rt o( e'$lo/er) U"(#ir l#-o*r $r#%ti%e) o" the $#rt o( 0or1'e" L#0 o( %o")$ir#%/ li'ite& i" #$$li%#tio" I''*"it/ (ro' %i2il )*it i" %ert#i" %#)e) E"(or%e#-ilit/ o( #+ree'e"t Re+i)tr#tio" o( (e&er#tio" o( tr#&e *"io") #"& %o"(e&er#tio" Ret*r") Colle%ti2e -#r+#i"i"+ #+e"t Deter'i"#tio" o( %olle%ti2e -#r+#i"i"+ *"it A$$e#l) Che%1 o(( Sho$ )te0#r& to #%t #) li"1 -et0ee" l#-o*r #"& '#"#+e'e"t 3or1er) '#"#+e'e"t %o*"%il I")$e%tor Pe"#lt/ (or o-)tr*%ti"+ i")$e%tor Pe"#lt/ (or %o"tr#2e"i"+ )e%tio" Re&re)) o( i"&i2i&*#l +rie2#"%e) Ne+oti#tio") rel#ti"+ to &i((ere"%e) #"& &i)$*te) Co"%ili#tor Noti%e o( )tri1e or lo%1.o*t Co"%ili#tio" #(ter "oti%e o( )tri1e or lo%1.o*t Pro%ee&i"+) -e(ore %o"%ili#tor Ar-itr#tio" Stri1e #"& lo%1.o*t Stri1e or lo%1.o*t i" $*-li% *tilit/ )er2i%e) A$$li%#tio" to L#-o*r Co*rt Ri)i"+ o( i"&*)tri#l &i)$*te -/ (e&er#tio" L#-o*r Co*rt Pro%e&*re #"& $o0er) o( L#-o*r Co*rt A0#r&) #"& &e%i)io") o( L#-o*r %o*rt L#-o*r A$$ell#te Tri-*"#l Settle'e"t) #"& #0#r&) o" 0ho' -i"&i"+ E((e%ti2e &#te o( )ettle'e"t or #0#r& Co''e"%e'e"t #"& %o"%l*)io" o( $ro%ee&i"+) Cert#i" '#tter) to -e 1e$t %o"(i&e"ti#l Ri)i"+ or i"&*)tri#l &i)$*te) Prohi-itio" o" )er2i"+ "oti%e o( )tri1e or lo%1.o*t 0hile $ro%ee&i"+) #re $e"&i"+ Po0er) o( L#-o*r Co*rt #"& Tri-*"#l to $rohi-it )tri1e

55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82.

Ille+#l )tri1e or lo%1.o*t Pro%e&*re i" %#)e o( ille+#l )tri1e or lo%1.o*t Co"&itio") o( )er2i%e to re'#i" *"%h#"+e& 0hile $ro%ee&i"+) #re $e"&i"+ Re'o2#l o( (i!e& #))et) Prote%tio" o( %ert#i" $er)o") Re$re)e"t#tio" o( $#rtie) I"ter$ret#tio" o( )ettle'e"t #"& #0#r&) Re%o2er/ o( 'o"e/ &*e (ro' #" e'$lo/er *"&er )ettle'e"t or #0#r& Per(or'#"%e o( (*"%tio") $e"&i"+ #)%ert#i"'e"t o( %olle%ti2e -#r+#i"i"+ #+e"t Pe"#lt/ (or *"(#ir l#-o*r $r#%ti%e) Pe"#lt/ (or %o''itti"+ -re#%h o( )ettle'e"t Pe"#lt/ (or (#ili"+ to i'$le'e"t )ettle'e"t Pe"#lt/ (or (#l)e )t#te'e"t Pe"#lt/ (or &i)%h#r+i"+ o((i%e.-e#rer o( tr#&e *"io" i" %ert#i" %ir%*')t#"%e) Pe"#lt/ (or e'-e44le'e"t o( 'i)#$$ro$ri#tio" o( (*"&) Pe"#lt/ (or other o((e"%e) O((e"%e to -e "o".%o+"i4#-le O((e"%e) -/ %or$or#tio" Tri#l o( o((e"%e) I"&e'"it/ O((i%er) to -e $*-li% )er2#"t) Li'it#tio" Po0er) o( '#1e r*le) Pro2i)io" o( %erti(ie& %o$ie) Re$e#l #"& )#2i"+) Tr#")(er o( %#)e) (ro' N#tio"#l I"&*)tri#l Rel#tio") Co''i))io" Re'o2#l o( &i((i%*ltie) Re$e#l SCHEDULE PUBLIC UTILIT5 SER6ICE

TEXT
THE PUNJAB INDUSTRIAL RELATIONS ACT 2010 (XIX OF 2010) [9th December, 2010] [First published, after having received the assent of the Governor of the Punjab, in the Gazette of the Punjab (Extraordinary) A" A%t to regulate formation of trade unions, regulation and improvement of relations between employers and workmen Pre#'-le78 3here#) it is expedient to regulate for!ation of trade unions and trade union activities, relations bet"een e!ployers and "or#!en and the avoidance and settle!ent of any differences or disputes arising bet"een the! and ancillary !atters$ %t is enacted as follo"s&' 17 Short title e!te"t #$$li%#tio" #"& %o''e"%e'e"t78 (() )his *ct !ay be cited as the Punjab %ndustrial +elations *ct ,-(-. (,) %t extends to the "hole of the Punjab. (/) %t shall apply to all persons e!ployed in any establish!ent or industry, but shall not apply to any person e!ployed0 (a) in the Police or any of the 1efence 2ervices of Pa#istan or any services or installations exclusively connected "ith or incidental to the *r!ed Forces of Pa#istan including an ordnance factory !aintained by the Federal Govern!ent$ in the ad!inistration of the 2tate other than those e!ployed as "or#!en by the +ail"ay and Pa#istan Post$ as a !e!ber of the security staff of the Pa#istan %nternational *irlines 3orporation, or dra"ing "ages in pay group, not lo"er than group 4, in the establish!ent of that 3orporation as the Govern!ent !ay, in the public interest or in the interest of security of the *irlines, by notification in the official Gazette, specify in this behalf$ by the Pa#istan 2ecurity Printing 3orporation or the 2ecurity Papers 5i!ited$ by an establish!ent or institution for the treat!ent or care of sic#, infir!, destitute or !entally unfit persons excluding those run on co!!ercial basis$ as a !e!ber of the "atch and "ard, security or fire service staff of an oil refinery or an airport$ as a !e!ber of the security or fire service staff of an establish!ent engaged in the production, trans!ission or distribution of natural gas or li6uefied petroleu! gas$ and in an establish!ent or institution providing education or e!ergency services excluding those run on co!!ercial basis. %t shall co!e into force at once. 8*rbitrator9 !eans a person appointed as an *rbitrator under the *ct$ 8a"ard9 !eans the deter!ination by a 5abour 3ourt, *rbitrator or )ribunal of any industrial dispute or any !atter relating thereto and includes an interi! a"ard$ 8collective bargaining agent9 in relation to an establish!ent or group of establish!ents or industry, !eans the trade union of the "or#!en "hich under section ,7 is the agent of "or#!en in the establish!ent or group of establish!ents or industry, in the !atter of collective bargaining$ 8collective bargaining unit9 !eans those "or#ers or class of "or#ers of an e!ployer in one or !ore establish!ents falling "ithin the sa!e class of industry "hose ter!s

(b) (c)

(d) (e) (f) (g)

(h) (7) 27 (i) (ii) (iii)

De(i"itio")78 %n this *ct0

(iv)

and conditions of e!ploy!ent are, or could appropriately be, the subject of collective bargaining together$ (v) (vi) (vii) (viii) 8conciliation proceedings9 !eans any proceedings before a conciliator$ 8conciliator9 !eans a person appointed as conciliator under section /:$ 83ouncil9 !eans the ;or#ers <anage!ent 3ouncil set up under section ,=$ 8e!ployer9 in relation to an establish!ent, !eans any person or body of persons, "hether incorporated or not, "ho or "hich e!ploys "or#!en in the establish!ent under a contract of e!ploy!ent and includes0 (a) (b) (c) an heir, successor or assignee of such person or body$ any person responsible for the !anage!ent, supervision and control of the establish!ent$ in relation to an establish!ent run by or under the authority of any depart!ent of the Federal Govern!ent or the Govern!ent, the authority appointed in this behalf or, "here no authority is so appointed, the head of the depart!ent$ in relation to an establish!ent run by or on behalf of a local authority, the officer appointed in this behalf, or "here no officer is so appointed, the chief executive officer of that authority$

(d)

E!$l#"#tio"78 For the purpose of distinction fro! the category of 8"or#ers9 or 8"or#!en9, officers and e!ployees of a depart!ent of the Federal Govern!ent or the Govern!ent or local authority "ho belong to the superior, !anagerial, secretarial, directorial, supervisory or agency staff and "ho have been notified for this purpose in the official Gazette shall be dee!ed to fall "ithin the category of 8e!ployers9$ and (e) in relation to any other establish!ent, the proprietor of such establish!ent and every director, !anager, secretary, agent or officer or person concerned "ith the !anage!ent of the affairs thereof$

(ix)

8establish!ent9 !eans any office, fir!, factory, society, underta#ing, co!pany, shop, pre!ises or enterprise in the Punjab, "hich e!ploys "or#!en directly or through a contractor for the purpose of carrying on any business or industry and includes all its depart!ents and branches, "hether situated in the sa!e place or in different places having a co!!on balance sheet and except in section ,: includes a collective bargaining unit, if any, constituted in any establish!ent or group of establish!ents$ 8executive9 !eans the body, by "hatever na!e called, to "hich the !anage!ent of the affairs of a trade union is entrusted by its constitution$ 8Govern!ent9 !eans the Govern!ent of the Punjab$ 8group of establish!ents9 !eans establish!ents belonging to the sa!e e!ployer and the sa!e industry$ 8illegal loc#'out9 !eans a loc#'out declared, co!!enced or continued other"ise than in accordance "ith the provisions of the *ct$ 8illegal stri#e9 !eans a stri#e declared, co!!enced or continued other"ise than in accordance "ith the provisions of the *ct$ 8industrial dispute9 !eans any dispute or difference bet"een e!ployers and e!ployers or bet"een e!ployers and "or#!en or bet"een "or#!en and "or#!en "hich is connected "ith the e!ploy!ent or non'e!ploy!ent or the ter!s of e!ploy!ent or the conditions of "or# of any person, and is not in respect of the enforce!ent of such right guaranteed or accrued to hi! by or under any la" other than the *ct, or any a"ard or settle!ent for the ti!e being in force$ 8industry9 !eans any business, trade, !anufacture, calling, service, e!ploy!ent or occupation of producing goods or services for sale excluding those set up for charitable purposes$

(x) (xi) (xii) (xiii) (xiv) (xv)

(xvi)

(xvii) 8inspector9 !eans an inspector appointed under the *ct$ (xviii) 85abour 3ourt9 !eans a 5abour 3ourt established under section 77$

(xix)

8loc#'out9 !eans the closing of place of e!ploy!ent or part of such place, or the suspension, "holly or partly, of "or# by an e!ployer, or refusal, absolute or conditional, by an e!ployer to continue to e!ploy any nu!ber of "or#!en e!ployed by hi!, "here such closing, suspension or refusal occurs in connection "ith an industrial dispute or is intended for the purpose of co!pelling "or#!en e!ployed to accept certain ter!s and conditions of or affecting e!ploy!ent$ 8office'bearer9 in relation to a trade union, !eans any !e!ber of the executive thereof but does not include an auditor or legal adviser$ 8organization9 !eans any organization of "or#ers or of e!ployers for furthering and defending the interests of "or#ers or of e!ployers$

(xx) (xxi)

(xxii) 8prescribed9 !eans prescribed by rules$ (xxiii) 8public utility service9 !eans any of the services specified in the 2chedule$ (xxiv) 8registered trade union9 !eans a trade union registered under the *ct$ (xxv) 8+egistrar9 !eans a +egistrar appointed under section (7$ (xxvi) 8rules9 !ean the rules !ade under the *ct$ (xxvii) 8settle!ent9 !eans a settle!ent arrived at in the course of conciliation proceeding, and includes an agree!ent bet"een an e!ployer and his "or#!en arrived at other"ise than in the course of any conciliation proceeding, "here such agree!ent is in "riting, has been signed by the parties thereto in such !anner as !ay be prescribed and a copy thereof has been sent to the Govern!ent, the conciliator and such other person as !ay be prescribed$ (xxviii) 8stri#e9 !eans a cessation of "or# by a body of persons e!ployed in any establish!ent acting in co!bination or a concerted refusal, or refusal under a co!!on understanding of any nu!ber of persons "ho are or have been so e!ployed to continue to "or# or to accept e!ploy!ent$ (xxix) 8trade union9 !eans any co!bination of "or#!en or e!ployers for!ed pri!arily for the purpose of regulating the relations bet"een "or#!en and e!ployers, or "or#!en and "or#!en or e!ployers and e!ployers, or for i!posing restrictive conditions on the conduct of any trade or business and includes a federation of t"o or !ore trade unions and a confederation of t"o or !ore federations$ (xxx) 8)ribunal9 !eans a 5abour *ppellate )ribunal constituted under section 7>$ and (xxxi) 8"or#er9 and 8"or#!an9 !ean a person not falling "ithin the definition of e!ployer "ho is e!ployed (including e!ploy!ent as a supervisor or as an apprentice) in an establish!ent or industry for hire or re"ard either directly or through a contractor "hether the ter!s of e!ploy!ent be express or i!plied, and, for the purpose of any proceedings under the *ct in relation to an industrial dispute includes a person "ho has been dis!issed, discharged, retrenched, laid'off or other"ise re!oved fro! e!ploy!ent in connection "ith or as a conse6uence of that dispute or "hose dis!issal, discharge, retrench!ent, lay'off, or re!oval has led to that dispute but does not include any person "ho is e!ployed !ainly in !anagerial or ad!inistrative capacity. 97 Tr#&e *"io") #"& (ree&o' o( #))o%i#tio"78 2ubject to the provisions of this *ct and not"ithstanding any other la"& (i) "or#ers of an establish!ent, e!ploying not less than fifty "or#ers, !ay establish and subject to the rules of the organization, !ay join associations of their o"n choice "ithout previous authorization$ a "or#er shall not be entitled to be a !e!ber of !ore than one trade unions at any one ti!e and on joining another trade union, his earlier !e!bership of the other trade union shall stand cancelled$ e!ployers !ay establish and, subject to the rules of the organization, !ay join associations of their o"n choice "ithout previous authorization$ every trade union and e!ployers association shall fra!e its o"n constitution and rules to elect its representatives in full freedo! to organize its ad!inistration and activities and to for!ulate its progra!!es$ and

(ii)

(iii) (iv)

(v)

"or#ers? or e!ployers? organizations !ay establish and join federations and confederations and any such organization, federation or confederation !ay affiliate "ith international organizations and confederations of "or#ers? or e!ployers? organizations.

:7 A$$li%#tio" (or re+i)tr#tio"78 *ny trade union !ay, under the signatures of its president and secretary, apply to the +egistrar for registration of the trade union under this *ct. ;7 Re,*ire'e"t) (or #$$li%#tio" . 0 Every application for registration of trade union shall be !ade to the +egistrar and shall be acco!panied by0 (a) a state!ent sho"ing0 (i) (ii) (iii) (iv) (v) the na!e of the trade union and the address of its head office$ date of for!ation of the trade union$ the titles, na!es, ages, addresses and occupations of the office'bearers of the trade union$ state!ent of total paid !e!bership$ the na!e of the establish!ent or group of establish!ents, or the industry to "hich the trade union relates along "ith a state!ent of the total nu!ber of "or#ers e!ployed therein$ the na!es and addresses of the registered trade unions in the establish!ent or group of establish!ents or industry to "hich the trade union relates$ in case of a federation of trade unions, the na!es, addresses and registration nu!bers of !e!ber trade unions$ and in case of a confederation of federations, the na!es, addresses and registration nu!bers of !e!ber'federations$

(vi) (vii) (viii) (b)

three copies of the constitution of the trade union together "ith a copy of the resolution by the !e!bers of the trade union adopting such constitution bearing the signature of the chair!an of the !eeting$ a copy of the resolution by the !e!bers of the trade union authorizing its president and the secretary to apply for its registration$ in case of a federation of trade unions, a copy of the resolution fro! each of the constituent trade union agreeing to beco!e a !e!ber of the federation$ and in case of a confederation of federations, a copy of the resolution fro! each of the constituent federation agreeing to beco!e a !e!ber of the confederation.

(c) (d) (e)

<7 Re,*ire'e"t) (or re+i)tr#tio"78 (() * trade union shall not be entitled to registration under this *ct unless the constitution thereof provide for the follo"ing !atters0 (a) (b) (c) (d) the na!e and address of the trade union$ the objects for "hich the trade union has been for!ed$ the purposes for "hich the general funds of the union shall be utilized$ the nu!ber of persons for!ing the executive "hich shall not exceed the prescribed li!it and shall include not less than eighty percent fro! a!ongst the "or#!en actually engaged or e!ployed in the establish!ent or group of establish!ents or the industry for "hich the trade union has been for!ed$ the conditions under "hich a !e!ber shall be entitled to any benefit assured by the constitution of the trade union and under "hich any fine or forfeiture !ay be i!posed on hi!$ the !aintenance of a list of the !e!bers of the trade union and of ade6uate facilities for the inspection thereof by the office'bearers and !e!bers of the trade union$ the !anner in "hich the constitution shall be a!ended, varied or rescinded$ the safe custody of the funds of the trade union, its annual audit, the !anner of audit and ade6uate facilities for inspection of the account boo#s by the office'bearers and !e!bers of the trade union$

(e)

(f)

(g) (h)

(i) (j)

the !anner in "hich the trade union !ay be dissolved$ the !anner of election of office'bearers by the general body of the trade union and the ter!, not exceeding t"o years, for "hich an office'bearer !ay hold office upon his election or re'election$ the procedure for expressing no confidence in any office'bearer of the trade union$ and the !eeting of the executive and of the general body of the trade union so that the executive shall !eet at least once in every three !onths and the general body at least once in a year.

(#) (l)

(,) ;ithout prejudice to the provisions of sub'section ((), a trade union of "or#!en shall not be entitled to registration under the *ct0 (a) unless all its !e!bers are "or#!en actually engaged or e!ployed in the establish!ent or group of establish!ents or industry "ith "hich the trade union is connected$ and "here there are t"o or !ore registered trade unions in the establish!ent, group of establish!ents or industry "ith "hich the trade union is connected, unless it has as its !e!bers not less than one'fifth of the total nu!ber of "or#!en e!ployed in such establish!ent, group of establish!ents or industry.

(b)

=7 Di),*#li(i%#tio" (or -ei"+ #" o((i%e.-e#rer o( # tr#&e *"io"78 @ot"ithstanding anything contained in the constitution or rules of a trade union, a person "ho has been convicted of offence under section A= or heinous offence under the Pa#istan Penal 3ode (BA- (C54 of (BA-) shall be dis6ualified fro! being elected as, or fro! being, an office'bearer of a trade union. >7 Re+i)tere& tr#&e *"io" to '#i"t#i" re+i)ter78 Every registered trade union shall !aintain in such for! as !ay be prescribed& (a) (b) (c) a register of !e!bers sho"ing particulars of subscriptions paid by each !e!ber$ an accounts boo# sho"ing receipts and expenditure$ and a !inute boo# for recording the proceedings of !eetings.

?7 Re+i)tr#tio"78 (() )he +egistrar, on being satisfied that the trade union has co!plied "ith all the re6uire!ents of this *ct, shall register the trade union in a prescribed register and issue a registration certificate in the prescribed for! "ithin a period of fifteen days fro! the date of receipt of the application. (,) %n case the application is found by the +egistrar to be deficient in a !aterial respect, he shall co!!unicate in "riting his objections to the trade union "ithin a period of fifteen days fro! the receipt of the application and the trade union shall reply thereto "ithin a period of fifteen days fro! the receipt of the objections. (/) ;hen the objections raised by the +egistrar have been satisfactorily !et, the +egistrar shall register the trade union as provided in sub'section (() and issue a certificate of registration in the prescribed for! "ithin fifteen days of the date of the co!!unication of reply of objections. (7) %n case of further delay, the +egistrar !ay register the applicant trade union provisionally till further orders. (:) %n case the replies to the objections of the +egistrar are not satisfactory, the +egistrar !ay reject the application. (A) %n case the application has been rejected or the +egistrar has delayed disposal of the application beyond the period of fifteen days provided in the above sub'sections or has not issued a certificate of registration "ithin such period or has not registered the applicant trade union provisionally, the trade union !ay file an appeal in the 5abour 3ourt "hich !ay, for reasons to be stated in its judg!ent, pass an order directing the +egistrar to register the trade union and to issue a certificate of registration or !ay dis!iss the appeal. (>) @ot"ithstanding anything contained in any other provision of the *ct, every alteration or change !ade in the constitution of a registered trade union and every proceedings of election of its office'bearers or change of its office'bearers or other"ise, the trade union shall, by registered post, notify to the +egistrar "ithin fifteen days of such election or change for the approval of the +egistrar.

(B) )he +egistrar !ay refuse to register such election of office'bearers or change of office'bearers or alteration or change !ade in the constitution, if it is in contravention of any of the provisions of the *ct, or if it is in violation of the constitution of the trade union. (=) 2ubject to the provision of sub'section (B), every inclusion or exclusion of any constituent unit of a federation of trade unions or confederation of federations, the federation or confederation shall, by registered post, notify to the +egistrar "ithin fifteen days of such inclusion or exclusion. ((-) %n case there is a dispute in relation to the election of the office'bearers or change of office'bearers or alteration !ade in the constitution of a trade union, the +egistrar or any trade union aggrieved by the refusal of the +egistrar, any office'bearer or !e!ber of the trade union !ay file an appeal to the 5abour 3ourt, "hich shall "ithin seven days of the receipt of the appeal, pass an order either directing the +egistrar to register the change or alteration in the constitution or in the office'bearers of the trade union or !ay, for reasons to be recorded in "riting, direct the +egistrar to hold fresh elections of the trade union under his supervision. 10. Tr#")(er o( o((i%e.-e#rer o( tr#&e *"io" &*ri"+ $e"&e"%/ o( #$$li%#tio" (or re+i)tr#tio"78 2ave "ith the prior per!ission of the +egistrar, no office'bearer of a trade union of "or#!en shall be transferred, discharged, dis!issed or other"ise punished during the pendency of an application for registration of the trade union "ith the +egistrar$ provided that the trade union has notified the na!es of its office'bearers to the e!ployer in "riting. 11. Certi(i%#te o( re+i)tr#tio"78 )he +egistrar, on registering a trade union under section =, shall issue a certificate of registration in the prescribed for! "hich shall be conclusive evidence that trade union has been duly registered under this *ct. 127 C#"%ell#tio" o( re+i)tr#tio"78 (() )he registration of a trade union shall be cancelled, if the 5abour 3ourt so directs upon a co!plaint in "riting !ade by the +egistrar that the trade union has0 (a) (b) (c) contravened or has been registered in contravention of any of the provisions of this *ct or the rules$ contravened any of the provisions of its constitution$ or !ade in its constitution any provision "hich is inconsistent "ith the *ct or the rules.

(,) ;here any person "ho is dis6ualified under section > fro! being elected as, or fro! being, an office'bearer of a trade union is elected as an office'bearer of a registered trade union, the registration of that trade union shall be cancelled if the 5abour 3ourt, upon a co!plaint in "riting !ade in this behalf by the +egistrar, so directs. (/) )he registration of a trade union shall be cancelled by the +egistrar, by giving reasons for such cancellation in "riting, if, after holding an in6uiry, he finds that any trade union0 (a) (b) (c) has dissolved itself or has ceased to exist$ or has not been a contestant in a referendu! for the deter!ination of a collective bargaining agent$ or has not applied for deter!ination of collective bargaining agent under section ,7 (,) "ithin t"o !onths of its registration as another trade union or fro! the co!!ence!ent of the *ct, "hichever is earlier, provided there does not already exist a collective bargaining agent deter!ined under section ,7(=)(e) in an establish!ent, or group of establish!ents or industry$ or has secured less than fifteen percent of polled votes as per final list of voters, during t"o consecutive referendu!s for the deter!ination of collective bargaining agent. by the 5abour 3ourt under sub'section (() or sub'section (,) of section (, !ay prefer an appeal to the )ribunal "ithin thirty days of the passing of the such order$ or by the +egistrar under sub'section (/) of section (, !ay prefer an appeal to the 5abour 3ourt "ithin thirty days of the passing of the said order.

(d) 197

A$$e#l #+#i")t %#"%ell#tio"78 *ny trade union aggrieved by an order passed0 (a) (b)

1:7 Re+i)tr#r o( tr#&e *"io")78 For the purpose of this *ct, the Govern!ent shall, by notification in the official Gazette, appoint as !any persons as it considers necessary to be the +egistrars and, "here it appoints !ore than one +egistrars, shall specify in the notification the

area "ithin "hich each one of the! shall exercise and perfor! the po"ers and functions under the *ct. 1;7 Po0er) #"& (*"%tio") o( Re+i)tr#r78 (() )he +egistrar shall have the follo"ing po"ers and functions0 (a) (b) the registration of trade unions under this *ct and the !aintenance of a register for the purpose$ to lodge, or authorize any person to lodge, co!plaints "ith the 5abour 3ourt for action, including prosecution, against trade unions, e!ployers, "or#ers or other persons for any alleged offence or any unfair labour practice or violation of any provision of the *ct or for expending the funds of a trade union in contravention of the provisions of its constitution$ the deter!ination of the 6uestion as to "hich one of the trade unions in an establish!ent or group of establish!ents or an industry is entitled to be certified as the collective bargaining agent in relation to that establish!ent or group of establish!ents or industry$ to inspect the accounts and record of the registered trade unions, or investigate or hold such in6uiry in the affairs of the trade unions as he dee!s fit either by hi!self or through any officer subordinate to hi! and to authorize hi! in "riting in this behalf$ and such other po"ers and functions as !ay be prescribed.

(c)

(d)

(e)

(,) )he Govern!ent !ay, by general or special order, authorize a +egistrar to exercise the follo"ing po"ers0 (a) (b) (c) (d) registration of industry'"ise trade unions, federations of such trade unions and federations at the provincial level$ registration of trade unions "ithin the collective bargaining units$ deter!ination of collective bargaining agent fro! a!ongst the industry'"ise trade unions, federations of such trade unions or federations at the provincial level$ and deter!ination of collective bargaining agent fro! a!ongst the trade unions registered "ithin a collective bargaining unit.

1<7 I"%or$or#tio" o( re+i)tere& tr#&e *"io"78 (() Every registered trade union shall be a body corporate by the na!e under "hich it is registered, shall have perpetual succession and a co!!on seal and the po"er to contract and to ac6uire, hold and dispose of property, both !ovable and i!!ovable, and shall, by the said na!e, sue or be sued. (,) )he 2ocieties +egistration *ct, (BA- (CC% of (BA-), the 3ooperative 2ocieties *ct, (=,: (4%% of (=,:) and the 3o!panies Drdinance, (=B7 (C54%% of (=B7), shall not apply to any registered trade union and the registration of any trade union under any of these la"s shall be void. 1=7 U"(#ir l#-o*r $r#%ti%e) o" the $#rt o( e'$lo/er)78 (() @o e!ployer or trade union of e!ployers and no person acting on behalf of either shall0 (a) i!pose any condition in a contract of e!ploy!ent see#ing to restrain the right of a person "ho is a party to such contract to join a trade union or continue his !e!bership of a trade union$ refuse to e!ploy or refuse to continue to e!ploy any person on the ground that such person is, or is not a !e!ber or office'bearer of a trade union$ discri!inate against any person in regard to any e!ploy!ent, pro!otion, condition of e!ploy!ent or "or#ing condition on the ground that such person is, or is not, a !e!ber or office'bearer of a trade union$ dis!iss, discharge, re!ove fro! e!ploy!ent or transfer or threaten to dis!iss, discharge or re!ove fro! e!ploy!ent or transfer a "or#!an or injure or threaten to injure hi! in respect of his e!ploy!ent by reason that the "or#!an0 (i) (ii) is or proposes to beco!e, or see#s to persuade any other person to beco!e, a !e!ber or office'bearer of a trade union$ or participates in the pro!otion, for!ation or activities of a trade union$

(b) (c)

(d)

(e)

induce any person to refrain fro! beco!ing, or to cease to be a !e!ber or office' bearer of a trade union, by conferring or offering to confer any advantage on, or by procuring or offering to procure any advantage for such person or any other person$ co!pel or atte!pt to co!pel any office'bearer of the collective bargaining agent to arrive at a settle!ent by using inti!idation, coercion, pressure, threat, confine!ent to a place, physical injury, disconnection of "ater, po"er and telephone facilities and such other !ethods$ interfere "ith or in any "ay influence the balloting provided for in section ,7$ recruit any ne" "or#!an during the period of a notice of stri#e under section /A or during the currency of a stri#e "hich is not illegal except "here the conciliator having been satisfied that co!plete cessation of "or# is li#ely to cause serious da!age to the !achinery or installation, has per!itted te!porary e!ploy!ent of a li!ited nu!ber of "or#!en in the section "here the da!age is li#ely to occur$ close do"n the "hole of the establish!ent in contravention of 2tanding Drder (('* of the %ndustrial and 3o!!ercial E!ploy!ent (2tanding Drders) Drdinance, (=AB (4% of (=AB)$ or co!!ence, continue, instigate or incite others to ta#e part in, or expend or supply !oney or other"ise act in furtherance or support of, an illegal loc#'out.

(f)

(g) (h)

(i)

(j)

(,) @othing in sub'section (() shall be dee!ed to preclude an e!ployer fro! re6uiring that a person upon his appoint!ent or pro!otion to !anagerial position shall cease to be, and shall be dis6ualified fro! being, a !e!ber or office'bearer of a trade union of "or#!en. 1>7 U"(#ir l#-o*r $r#%ti%e) o" the $#rt o( 0or1'e"78 (() @o "or#!an or other person or trade union of "or#!en shall0 (a) (b) (c) persuade a "or#!an to join or refrain fro! joining a trade union during "or#ing hours$ inti!idate any person to beco!e, or refrain fro! beco!ing, or to continue to be, or to cease to be a !e!ber or office'bearer of a trade union$ induce any person to refrain fro! beco!ing, or cease to be a !e!ber or office' bearer of a trade union, by inti!idating or conferring or offering to confer any advantage on, or by procuring or offering to procure any advantage for such person or any other person$ co!pel or atte!pt to co!pel the e!ployer to accept any de!and by using inti!idation, coercion, pressure, threat, confine!ent to, or ouster fro! a place, dispossession, assault, physical injury, disconnection of telephone, "ater or po"er facilities or such other !ethods$ or co!!ence, continue, instigate or incite others to ta#e part in, or expend or supply !oney or other"ise act in furtherance or support of, an illegal stri#e or a go'slo".

(d)

(e)

E!$l#"#tio"78 %n clause (e) the expression Ego'slo"? !eans an organized, deliberate and purposeful slo"ing do"n of nor!al output, or the deterioration of the nor!al 6uality of "or# by a body of "or#!en acting in a concerted !anner, but does not include the slo"ing do"n of nor!al output, or the deterioration of the nor!al 6uality of "or# "hich is due to !echanical defect, brea#do"n of !achinery, failure or defect in po"er supply or in the supply of nor!al !aterials and spare parts of !achinery. (,) %t shall be an unfair practice for a trade union to interfere "ith a ballot held under section ,7 by the exercise of undue influence, inti!idation, i!personation or bribery through its executive or through any person acting on its behalf. 1?7 L#0 o( %o")$ir#%/ li'ite& i" #$$li%#tio"78 @o office'bearer or !e!ber of a registered trade union or a collective bargaining agent as certified by the +egistrar shall be liable to punish!ent under sub'section (,) of section (,-'F of the Pa#istan Penal 3ode (BA- (C54 of (BA-), in respect of any agree!ent !ade bet"een the !e!bers thereof for the purpose of furthering any such object of the trade union as is specified in its constitution referred to in section A, unless the agree!ent is an agree!ent to co!!it an offence, or other"ise violates any other la". 20. I''*"it/ (ro' %i2il )*it i" %ert#i" %#)e)78 (() @o suit or other legal proceedings shall be !aintainable in any civil court against any registered trade union or a collective bargaining

agent or any office'bearer or !e!ber thereof in respect of any action done in conte!plation or furtherance of an industrial dispute to "hich the trade union is a party on the ground only that such act induces so!e other person to brea# a contract of e!ploy!ent, or that it is an interference "ith the trade, business or e!ploy!ent of so!e other person or "ith the right of so!e other person to dispose of his capital or of his labour. (,) * trade union shall not be liable in any suit or other legal proceedings in any civil court in respect of any tortuous act done in good faith in conte!plation or furtherance of an industrial dispute by an agent of the trade union if it is proved that such person acted "ithout the #no"ledge of, or contrary to express instructions given by the executive of the trade union. 217 E"(or%e#-ilit/ o( #+ree'e"t78 (() @ot"ithstanding anything contained in any other la", an agree!ent bet"een the !e!bers of a trade union shall not be void or voidable by reason only that any of the objects of the agree!ent are in restraint of trade. (,) @othing in this section shall enable any civil court to entertain any legal proceedings instituted for the express purpose of enforcing, or recovering da!ages for the breach of any agree!ent concerning the conditions on "hich any !e!ber of a trade union shall or shall not sell his goods, transact business or "or#, e!ploy or be e!ployed. 227 Re+i)tr#tio" o( (e&er#tio" o( tr#&e *"io") #"& %o"(e&er#tio"78 (() *ny t"o or !ore registered trade unions !ay, if their respective general bodies so resolve, constitute a federation by executing an instru!ent of federation and apply to the +egistrar for the registration of the federation. (,) *ny t"o or !ore registered federations !ay, if their respective federated trade unions so resolve, constitute a confederation by executing an instru!ent of confederation and apply to the +egistrar for the registration of the confederation. (/) * trade union of "or#!en shall not join a Federation "hich co!prises a trade union of e!ployers$ nor shall a trade union of e!ployers join a federation "hich co!prises a trade union of "or#!en. (7) * federation of trade unions of "or#!en shall not join a confederation "hich co!prises a federation of e!ployers$ nor shall a federation of e!ployers join a confederation "hich co!prises a federation of "or#!en. (:) *n instru!ent of federation or confederation referred to in sub'section (() and sub' section (,) shall, a!ong other things, provide for the procedures to be follo"ed by the federated trade unions and federations, the rights and responsibilities of the federation or confederation and the federated trade unions or federations. (A) *n application for the registration of a federation of trade unions shall be signed by the presidents of all the trade unions constituting the federation or by the office'bearers of these trade unions respectively authorized by the trade unions in this behalf and shall be acco!panied by three copies of the instru!ent of federation referred to in sub'section ((). (>) *n application for the registration of a confederation shall be signed by the presidents of all the federations constituting the confederation or by the office'bearers of these federations respectively authorized by the federations in this behalf and shall be acco!panied by three copies of the instru!ent of confederation referred to in sub'section (,). (B) 2ubject to this section, the provisions of the *ct shall, so far as !ay be and "ith the necessary !odifications, apply to a federation of trade unions and to a confederation, as they apply to a trade union. 297 Ret*r")78 (() * registered trade union shall annually send to the +egistrar, on or before such date as !ay be prescribed, a general state!ent, audited in the prescribed !anner, of all receipts and expenditure of the trade union during the year ending on the /( st day of 1ece!ber, next preceding such prescribed date, and of the assets and liabilities of the trade union existing on such /(st day of 1ece!ber, as !ay be prescribed. (,) )ogether "ith the general state!ent there shall be sent to the +egistrar a state!ent sho"ing all changes of office'bearers !ade by the trade union during the year to "hich the general state!ent refers, together also "ith state!ent of the total paid !e!bership and a copy of the constitution of the trade union corrected up to the date of the dispatch thereof to the +egistrar. (/) * copy of every alteration !ade in the constitution of a registered trade union and of a resolution of the general body having the effect of a provision of the constitution, shall be sent to the +egistrar "ithin fifteen days of the !a#ing of the alteration or adoption of the resolution.

(7) %n case the registered trade union is !e!ber of a federation, the na!e of the federation shall be given in the annual state!ent. (:) %n case the registered federation is !e!ber of a confederation, the na!e of the confederation shall be given in the annual state!ent. 2:7 Colle%ti2e -#r+#i"i"+ #+e"t78 (() ;here there is only one registered trade union in an establish!ent or a group of establish!ents or industry, that trade union shall if it has as its !e!bers not less than one'third of the total nu!ber of "or#!en e!ployed in such establish!ent or group of establish!ents, or industry upon an application !ade in this behalf be certified by the +egistrar in the prescribed !anner to be the collective bargaining agent for such establish!ent or group of establish!ents or industry. (,) ;here there are !ore than one registered trade unions in an establish!ent or a group of establish!ents, or industry, the +egistrar shall upon an application !ade in this behalf by any such trade union "hich has as its !e!bers not less than one'fifth of the total nu!ber of "or#!en e!ployed in such establish!ent or group of establish!ents or industry or by the e!ployer or the Govern!ent, hold "ithin fifteen days fro! the !a#ing of the application, a secret ballot to deter!ine as to "hich one of such trade unions shall be the collective bargaining agent for the establish!ent or group of establish!ents or industry. (/) )he +egistrar !ay, in the case of a large establish!ent having its branches in !ore than one to"ns, hold the secret ballot "ithin thirty days fro! the !a#ing of the application. (7) )he +egistrar shall not entertain any application under sub'section (,) in respect of an establish!ent or group of establish!ents, consisting of, or including, a seasonal factory "ithin the !eaning of section 7 of the Factories *ct, (=/7 (CC4 of (=/7), unless such application is !ade during the !onth in "hich the nu!ber of "or#!en e!ployed in such factory in a year is usually the !axi!u!. (:) Gpon receipt of an application under sub'section (,), the +egistrar shall, by notice in "riting, call upon every registered trade union in the establish!ent or group of establish!ents or industry to "hich the application relates0 (a) to indicate "hether it desires to be a contestant in the secret ballot to be held for deter!ining the collective bargaining agent in relation to such establish!ent or group or industry$ and if it so desires, to sub!it to hi! "ithin the ti!e specified in the notice a list of its !e!bers sho"ing, in respect of each !e!ber, his parentage, age, the section or depart!ent and the place in "hich he is e!ployed, his tic#et nu!ber and the date of his beco!ing a !e!ber and if union is a federation of trade unions, a list of its affiliated trade unions together "ith a list of !e!bers of each such trade union sho"ing in respect of each such !e!ber the said particulars. Every e!ployer shall0 on being so re6uired by the +egistrar, sub!it a list of all "or#!en e!ployed in the establish!ent or group of establish!ents or industry excluding those "hose period of e!ploy!ent in the establish!ent or group of establish!ents or industry is less than three !onths and sho"ing, in respect of each "or#!an, his parentage, age, the section or depart!ent and the place in "hich he is e!ployed, his tic#et nu!ber and the date of his e!ploy!ent in the establish!ent or group of establish!ents or industry$ and provide such facilities for verification of the lists sub!itted by hi! and the trade unions as the +egistrar !ay re6uire.

(b)

(A) (a)

(b)

(>) %n co!puting the period of three !onths referred to in sub'section (A) in the case of a "or#!an e!ployed in a seasonal factory "ithin the !eaning of section 7 of the Factories *ct, (=/7 (CC4 of (=/7), the period during "hich he "as e!ployed in that factory during the preceding season shall also be ta#en into account. (B) )he +egistrar shall, after verification of the lists sub!itted by the trade unions, prepare a list of voters in "hich shall be included the na!e of every "or#!an "hose period of e!ploy!ent as co!puted in accordance "ith sub'section (A), is not less than three !onths and "ho is a !e!ber of any of the contesting trade unions and shall, at least four days prior to the date fixed for the poll, send to each of the contesting trade unions a certified copy of the list of voters so prepared.

(=) Every "or#!an "ho is a !e!ber of any of the contesting trade unions and "hose na!e appears in the list of voters prepared under sub'section (B) shall be entitled to vote at the poll to deter!ine the collective bargaining agent. ((-) Every e!ployer shall provide all such facilities in his establish!ent as !ay be re6uired by the +egistrar for the conduct of the poll but shall not interfere "ith, or in any "ay influence, the voting. ((() @o person shall canvass for vote "ithin a radius of fifty !eters of the polling station. ((,) For the purpose of holding secret ballot to deter!ine the collective bargaining agent, the +egistrar shall0 (a) (b) fix the date for the poll and inti!ate the sa!e to each of the contesting trade unions and also to every e!ployer$ on the date fixed for the poll, place ballot boxes in the polling station set up for the purpose, seal the ballot boxes in the presence of the representatives of the contesting trade unions$ conduct the poll at the polling station at "hich the representatives of the contesting trade unions shall have the right to be present$ after the conclusion of the poll and in the presence of such of the representatives of the contesting trade unions, as !ay be present, open the ballot boxes and count the votes$ and after the conclusion of the count, certify the trade union "hich has received the highest nu!ber of votes to be the collective bargaining agent.

(c) (d)

(e)

((/) * trade union shall not be certified to be the collective bargaining agent for an establish!ent or group of establish!ents or industry unless the nu!ber of votes received by it is not less than one'third of the total nu!ber of "or#!en e!ployed in such establish!ent or group or industry. ((7) %f no trade union secures such nu!ber of votes in the first poll, a run'off poll shall be held bet"een the trade unions "hich secure the t"o highest nu!bers of votes in the first poll and the trade union "hich secures a !ajority of the votes cast at the run'off poll shall be certified in the prescribed !anner to be the collective bargaining agent. ((:) %f the nu!ber of votes secured by t"o or !ore trade unions securing the highest nu!ber of votes is e6ual, further poll shall be held bet"een the! until one of the! secures a !ajority of the votes cast at such further poll. ((A) %f no trade union indicates under clause (a) of sub'section (:) that it desires to be a contestant in the secret ballot, the +egistrar shall certify the trade union "hich has !ade the application under sub'section (,) to be the collective bargaining agent. ((>) * trade union shall be certified to be the collective bargaining agent for an establish!ent, or group of establish!ents or industry under sub'section ((A) unless it has as its !e!bers not less than one'third of the total nu!ber of the "or#!en e!ployed in the establish!ent or group of establish!ents or industry. ((B) ;here a registered trade union has been certified under clause (e) of sub'section ((,) to be the collective bargaining agent for an establish!ent or group of establish!ents or industry, no application for the deter!ination of the collective bargaining agent for such establish!ent or group of establish!ents or industry shall be entertained "ithin a period of t"o years fro! the date of such certification except "here the registration of such a registered trade union is cancelled before the expiration of the period. ((=) * trade union, "ithout prejudice to its o"n position, !ay apply for i!plead!ent as a party to any proceedings under this *ct, concerning the federation of trade unions of "hich it is a !e!ber. (,-) )he collective bargaining agent in relation to an establish!ent or group of establish!ents or industry shall be entitled to0 (a) underta#e collective bargaining "ith the e!ployer or e!ployers on !atters connected "ith e!ploy!ent, non'e!ploy!ent, the ter!s of e!ploy!ent or the conditions of "or# other than !atters "hich relate to the enforce!ent of any right guaranteed or secured to it or any "or#!an by or under any la", other than the *ct, or any a"ard or settle!ent$

(b) (c) (d)

represent all or any of the "or#!en in any proceeding$ give notice of, and declare, a stri#e in accordance "ith the provisions of the *ct$ and no!inate representatives of "or#!en on the board of trustees of any "elfare institutions or Provident Funds and of the "or#ers participation fund established under the 3o!panies Profits (;or#ers Participation) *ct, (=AB (C%% of (=AB).

(,() )he +egistrar !ay authorize in "riting an officer to perfor! all or any of his functions under this section. 2;7 Deter'i"#tio" o( %olle%ti2e -#r+#i"i"+ *"it78 (() ;here the )ribunal, on an application !ade in this behalf, by a trade union or a federation of trade unions, or an e!ployer or on a reference !ade by the Govern!ent, after holding such in6uiry as it dee!s fit, is satisfied that for safeguarding the interest of the "or#!en e!ployed in an establish!ent or group of establish!ents belonging to the sa!e e!ployer and the sa!e industry, in relation to collective bargaining, it is necessary, just and feasible to deter!ine one or !ore collective bargaining units of such "or#!en in such establish!ent or group, it !ay, having regard to the distribution of "or#ers, existing boundaries of the co!ponents of such establish!ent, or group, facilities of co!!unication, general convenience, sa!eness or si!ilarity of econo!ic activity and other cognate factors0 (a) (b) deter!ine and certify one or !ore collective bargaining units in such establish!ent or group$ specify the !odifications "hich, in conse6uence of the decision under this section, shall ta#e effect in regard to the registration of the trade unions and federations of trade unions affected by such decision and certification of collective bargaining agents a!ong such unions and federations, no!ination or election of shop ste"ards, and "or#ers? representatives for "or#ers !anage!ent council of the establish!ents, if any, affected by such decision$ specify the date or dates fro! and the period, for "hich all or any of such changes shall ta#e effect but the date so specified shall not be a date falling "ithin the period of t"o years specified in sub'section ((B) of section ,7 in its application to a collective bargaining agent certified in respect of an establish!ent or group of establish!ents$ stop or prohibit the proceedings to deter!ine collective bargaining agent under section ,7 for any establish!ent or group of establish!ents "hich is li#ely to be affected by a decision under this section@ and ta#e such !easures or issue such directions to a +egistrar as !ay be necessary to give effect to such !odifications.

(c)

(d)

(e)

(,) ;here the )ribunal issues any directions to a +egistrar under this section, the +egistrar shall co!ply "ith the! "ithin such period as the )ribunal !ay, fro! ti!e to ti!e deter!ine. (/) *fter the certification of a collective bargaining unit, no trade union shall be registered in respect of that unit except for the "hole of such unit and no certification or proceedings for deter!ination of collective bargaining agent under section ,7 shall ta#e place for a part of a collective bargaining unit or a group of collective bargaining units. (7) *n order of the )ribunal under this section shall have effect not"ithstanding anything to the contrary contained in this *ct. 2<7 A$$e#l)78 (() @ot"ithstanding anything contained in this *ct or in any other la", any person aggrieved by an order deter!ining a collective bargaining unit passed by the )ribunal, !ay "ithin thirty days of such order prefer an appeal to the 5ahore High 3ourt. (,) *n appeal preferred to the 5ahore High 3ourt under sub'section (() shall be disposed of by the High 3ourt "hich shall have the po"er to confir!, set aside, vary or !odify such an order. 2=7 Che%1 o((78 (() %f a collective bargaining agent so re6uests, the e!ployer of the "or#!en "ho are !e!bers of a trade union shall deduct fro! the "ages of the "or#!en such a!ounts to"ards their subscription to the funds of the trade union as !ay be specified, "ith the approval of each individual "or#!an na!ed in the de!and state!ent furnished by the trade union.

(,) *n e!ployer !a#ing any deductions under sub'section (() shall, "ithin fifteen days of the end of the period for "hich the deductions have been !ade, deposit the entire a!ount so deducted by hi! in the account of the trade union on "hose behalf he has !ade the deductions. (/) * collective bargaining agent shall !aintain "ith a branch of the @ational Fan# of Pa#istan or the Fan# of Punjab or a Post Dffice or a 2avings Fan#, an account to "hich shall be credited the entire a!ount deducted by the e!ployer under sub'section (() fro! the "ages of the "or#!en. (7) )he e!ployer shall provide facilities to the collective bargaining agent for ascertaining "hether deductions fro! the "ages of the "or#!en are being !ade under sub' section ((). 2>7 Sho$ )te0#r& to #%t #) li"1 -et0ee" l#-o*r #"& '#"#+e'e"t78 (() %n every establish!ent in "hich fifty or !ore "or#!en are e!ployed, shop ste"ards, fro! a!ongst the "or#!en in a shop, section or depart!ent of the establish!ent, shall0 (a) (b) "here there is a collective bargaining agent in the establish!ent, be no!inated by it, or "here there is no collective bargaining agent in the establish!ent, be elected at a secret ballot held in the prescribed !anner.

(,) )he e!ployer shall provide all such facilities in his establish!ent as !ay be re6uired for the holding of a ballot under sub'section (() but shall not interfere "ith, or in any "ay influence, the voting. (/) * shop ste"ard shall hold office for a period of one year fro! the date of his election or no!ination. (7) *ny dispute arising out of, or in connection "ith the election of a shop ste"ard shall be referred to the +egistrar "hose decision shall be final and binding on all parties to the dispute. (:) )he shop ste"ard shall act as a lin# bet"een the "or#ers and the e!ployer, assist in the i!prove!ent of arrange!ents for the physical "or#ing conditions and production "or# in the shop, section or depart!ent for "hich he is elected or no!inated and help "or#ers in the settle!ent of their proble!s either connected "ith "or# or "ith any such individual grievance of a "or#!an as is referred to in sub'section (() of section //. 2?7 3or1er) A#"#+e'e"t Co*"%il78 (() %n every establish!ent e!ploying fifty persons or !ore, the !anage!ent shall set up a ;or#ers <anage!ent 3ouncil consisting of not less than six !e!bers in "hich the "or#ers? participation shall be fifty percent and the convener of the 3ouncil shall be fro! the !anage!ent. (,) )he e!ployer?s representative in the council shall be fro! a!ongst the directors or their no!inees or senior executives and the "or#ers? representatives shall be "or#!en e!ployed in the sa!e establish!ent and shall0 (a) (b) "here there is a collective bargaining agent in the establish!ent, be no!inated by it, or "here there is no collective bargaining agent in the establish!ent, be elected by si!ple !ajority at a secret ballot by all "or#!en e!ployed in the establish!ent.

(/) )he "or#ers? representatives shall hold office for a period of t"o years fro! the date of their election or no!ination. (7) )he "or#ers? representatives shall participate in all the !eetings of the 3ouncil and all !atters relating to the !anage!ent of the establish!ent, except co!!ercial and financial transaction, !ay be discussed in such !eetings. (:) )he 3ouncil shall function for securing and preserving good labour !anage!ent relation and shall loo# after the follo"ing !atters0 (i) (ii) (iii) (iv) i!prove!ent in production, productivity and efficiency$ fixation of job and piece'rates$ planned regrouping or transfer of the "or#ers$ laying do"n the principles of re!uneration and introduction of ne" re!uneration !ethods$

(v) (vi) (vii) (viii) (ix) (x)

provision of !ini!u! facilities for such of the "or#ers e!ployed through contractors as are not covered by the la"s relating to "elfare of "or#ers$ endeavor to !aintain continuous sy!pathy and understanding bet"een the e!ployer and the "or#!en$ settle!ent of differences and disputes through bilateral negotiations$ security of e!ploy!ent for the "or#!en and conditions of safety, health and job satisfaction in their "or#$ !easures for facilitating good and har!onious "or#ing conditions in the establish!ent$ provision of educational facilities for children of "or#!en in secretarial and accounting procedures and their absorption in these depart!ents of the establish!ent$ and vocation training "ithin the establish!ent.

(xi)

(A) )he !anage!ent shall not ta#e any decision in the follo"ing !atters "ithout the advice in "riting of the "or#ers? representatives0 (a) (b) (c) (d) (e) (f) (g) fra!ing of service rules and policy about pro!otion and discipline of "or#ers$ changing physical "or#ing conditions in the establish!ent$ in'service training of "or#ers$ recreation and "elfare of "or#ers$ regulation of daily "or#ing hours and brea#s$ preparation of leave schedule$ and !atters relating to the order and conduct of "or#ers "ithin the establish!ent.

(>) )he "or#ers? representatives !ay, on their o"n initiative, give advice in "riting concerning the !atters specified in sub'section (A) and, "here they do so, the !anage!ent shall convene a !eeting of the 3ouncil "ithin t"o "ee#s of the receipt of the advice to discuss its !erits. (B) )he !anage!ent shall give reply to the "or#ers? representatives "ithin six "ee#s of the receipt of their advice given under sub'section (A) or sub'section (>) and any such advice shall not be rejected except by the person holding the highest position in the !anage!ent of the establish!ent. (=) %n case the advice of the "or#ers? representatives is rejected by the !anage!ent of the establish!ent, the !atter !ay, "ithin fifteen days of the advice being so rejected, be ta#en up by the collective bargaining agent for bilateral negotiations and thereupon the provisions of section /7 shall apply as they apply to the settle!ent of an industrial dispute in relation to "hich the vie"s of the e!ployer or the collective bargaining agent have been co!!unicated to the 3ouncil under sub'section (() of that section. ((-) )he 3ouncil !ay call for reasonable infor!ation about the "or#ing of the establish!ent fro! its !anage!ent and the !anage!ent shall supply the infor!ation called for by the 3ouncil. ((() )he 3ouncil shall !eet at such intervals as !ay be prescribed. ((,) * collective bargaining agent or "or#ers in relation to an establish!ent !ay lodge a co!plaint to the +egistrar regarding non setting up or i!proper functioning of the 3ouncil. 907 I")$e%tor78 (() )he inspectors appointed under section (- of the Factories *ct, (=/7 (CC4 of (=/7), and such other persons, not being conciliators appointed under this *ct, as the Govern!ent !ay, by notification in the official Gazette appoint, shall be inspectors for ensuring co!pliance "ith the provisions of section ,= "ithin the local li!its assigned to each inspector. (,) (a) )he inspector !ay0 at all reasonable hours enter on any pre!ises and !a#e such exa!ination of any register and docu!ent relating to the provisions of section ,= and ta#e on the spot or other"ise such evidence of any person, and exercise such other po"ers of inspection, as he !ay dee! necessary for discharging his duty$

(b)

call for such infor!ation fro! the !anage!ent as he !ay dee! necessary for the discharge of his functions and the !anage!ent shall provide the infor!ation called for "ithin such period as !ay be specified by the inspector$ and !a#e a report in "riting to the +egistrar.

(c)

(/) Every inspector shall be dee!ed to be a public servant "ithin the !eaning of section ,( of the Pa#istan Penal 3ode (BA- (C54 of (BA-). 917 Pe"#lt/ (or o-)tr*%ti"+ i")$e%tor78 * person "ho "illfully obstructs an inspector in the exercise of any po"er under section /-, or fails to produce on de!and by an inspector any register or other docu!ent in his custody relating to the provisions of section ,= or the rules, or conceals or prevents any "or#er in an establish!ent fro! appearing before or being exa!ined by an inspector, he shall be punished "ith fine "hich !ay extend to fifty thousand rupees. 927 Pe"#lt/ (or %o"tr#2e"i"+ )e%tio" 2?78 (() * person "ho contravenes the provisions of section ,=, he shall be punished "ith fine "hich !ay extend to seventy'five thousand rupees. (,) )he 5abour 3ourt shall not ta#e cognizance of the offence punishable under sub' section (() except upon a co!plaint in "riting !ade by the +egistrar. 997 Re&re)) o( i"&i2i&*#l +rie2#"%e)78 (() * "or#er !ay bring his grievance in respect of any right guaranteed or secured to hi! by or under any la" or any a"ard or settle!ent to the notice of his e!ployer in "riting, either hi!self or through his shop ste"ard or collective bargaining agent "ithin three !onths of the day on "hich the cause of such grievance arises. (,) ;here a "or#er brings his grievance to the notice of the e!ployer, the e!ployer shall, "ithin fifteen days of the grievance being brought to his notice, co!!unicate his decision in "riting to the "or#er. (/) ;here a "or#er brings his grievance to the notice of his e!ployer through his shop ste"ard or collective bargaining agent, the e!ployer shall, "ithin seven days of the grievance being brought to his notice, co!!unicate his decision in "riting to the shop ste"ard or the collective bargaining agent. (7) %f the e!ployer fails to co!!unicate a decision "ithin the period specified in sub' section (,) or sub'section (/) or if the "or#er is dissatisfied "ith such decision, the "or#er or the shop ste"ard !ay ta#e the !atter to the collective bargaining agent or the 5abour 3ourt. (:) )he collective bargaining agent !ay ta#e the !atter to the 5abour 3ourt, and "here the !atter is ta#en to the 5abour 3ourt, it shall give a decision "ithin ninety days fro! the date of the !atter being brought before it as if such !atter "as an industrial dispute. (A) * "or#er !ay, "ithin a period of sixty days fro! the date of the co!!unication of the e!ployers? decision or fro! the date of the expiry of the period !entioned in sub'section (,) or sub'section (/), ta#e the !atter to the 5abour 3ourt. (>) %n adjudicating and deter!ining a grievance under this section, the 5abour 3ourt shall go into all the facts of the case and pass such orders as !ay be just and proper in the circu!stances of the case. (B) 2ubject to the decision of the )ribunal, if a decision under this section given by the 5abour 3ourt is not given effect to or co!plied "ith "ithin seven days or "ithin the period specified in the decision, shall be punished "ith i!prison!ent for a ter! "hich !ay extend to three !onths or "ith fine "hich !ay extend to five hundred thousand rupees or "ith both. (=) * person shall not be prosecuted under sub'section (B) except on a co!plaint in "riting by the "or#!an if the decision in his favour is not i!ple!ented "ithin the period specified in that sub'section. ((-) For the purposes of this section, "or#ers having co!!on grievance arising out of a co!!on cause of action !ay !a#e a joint application to the 5abour 3ourt. 9:7 Ne+oti#tio") rel#ti"+ to &i((ere"%e) #"& &i)$*te)78 (() %f at any ti!e, an e!ployer or a collective bargaining agent finds that an industrial dispute has arisen or is li#ely to arise, the e!ployer or the collective bargaining agent, !ay co!!unicate his or its vie"s in "riting either to the 3ouncil or to the other party and if the vie"s are co!!unicated to the 3ouncil, a copy of the vie"s shall also be sent to the other party. (,) Dn receipt of the co!!unication under sub'section ((), the 3ouncil or the party receiving it, shall try to settle the dispute by bilateral negotiations "ithin ten days of receipt of the co!!unication or "ithin such further period as !ay be agreed upon by the parties and, if the

parties reach a settle!ent, a !e!orandu! of settle!ent shall be recorded in "riting and signed by both the parties and a copy thereof shall be for"arded to the conciliator and the authorities !entioned in clause (xxvii) of section ,. (/) ;here a settle!ent is not reached bet"een the e!ployer and the collective bargaining agent or, if the vie"s of the e!ployer or collective bargaining agent have been co!!unicated under sub'section (() to the 3ouncil, there is a failure of bilateral negotiations in the 3ouncil, the e!ployer or the collective bargaining agent !ay, "ithin seven days fro! the end of the period referred to in sub'section (,), serve on the other party to the dispute a notice of loc#' out or stri#e in accordance "ith the provisions of this *ct. 9;7 Co"%ili#tor78 )he Govern!ent shall, by notification in the official Gazette, appoint as !any persons as it considers necessary to be the conciliators for the purposes of this *ct and shall specify in the notification the area "ithin "hich, or the class of establish!ents or industries in relation to "hich, each one of the! shall perfor! his functions. 9<7 Noti%e o( )tri1e or lo%1.o*t78 )he period of a notice of loc#'out or stri#e given under sub' section (/) of section /7 shall be fourteen days. 9=7 Co"%ili#tio" #(ter "oti%e o( )tri1e or lo%1.o*t78 ;here a party to an industrial dispute serves a notice of stri#e or loc#'out under section /7, it shall, si!ultaneously, "ith the service of such notice, deliver a copy thereof to the conciliator "ho shall proceed to conciliate in the dispute and also for"ard a copy of the notice to the 5abour 3ourt. 9>7 Pro%ee&i"+) -e(ore %o"%ili#tor78 (() )he conciliator shall, as soon as possible, call a !eeting of the parties to the dispute for the purpose of bringing about a settle!ent. (,) )he parties to the dispute shall be represented before the conciliator by persons no!inated by the! and authorized to negotiate and enter into an agree!ent binding on the parties. (/) %f in the opinion of the conciliator, the presence of the e!ployer or any office'bearer of the trade union connected "ith the dispute is necessary in a !eeting called by hi!, he shall give notice in "riting re6uiring the e!ployer or such office'bearer to appear in person before hi! at the place, date and ti!e, specified in the notice and it shall be the duty of the e!ployer or the office'bearer of the trade union to co!ply "ith the notice. (7) )he conciliator shall perfor! such functions in relation to a dispute before hi! as !ay be prescribed and !ay, in particular, suggest to either party to the dispute such concessions or !odifications in its de!and as are in the opinion of the conciliator li#ely to pro!ote an a!icable settle!ent of the dispute. (:) %f a settle!ent of the dispute or of any !atter in dispute is arrived at in the course of the proceedings before hi!, the conciliator shall send a report thereof to the Govern!ent together "ith a !e!orandu! of settle!ent signed by the parties to the dispute. (A) %f no settle!ent is arrived at "ithin the period of the notice of stri#e or loc#'out, the conciliation proceedings !ay be continued for such further period as !ay be agreed upon by the parties. 9?7 Ar-itr#tio"78 (() %f the conciliation fails, the conciliator shall try to persuade the parties to agree to refer the dispute to an *rbitrator. (,) %n case the parties agree to refer the dispute to an *rbitrator, they shall appoint an *rbitrator and refer the dispute to the *rbitrator by agree!ent in "riting. (/) )he *rbitrator to "ho! a dispute is referred under sub'section (,) !ay be a person borne on a panel to be !aintained by the Govern!ent or any other person agreed upon by the parties. (7) )he *rbitrator shall give his a"ard "ithin a period of thirty days fro! the date on "hich the dispute is referred to hi! under sub'section (,) or such further period as !ay be agreed upon by the parties to the dispute. (:) *fter he has !ade an a"ard, the *rbitrator shall for"ard a copy thereof to the parties and to the Govern!ent "hich shall cause it to be published in the official Gazette. (A) )he a"ard of the *rbitrator shall be final and no appeal shall lie against it, and it shall be valid for such period as !ay be specified in the a"ard but not exceeding t"o years. :07 Stri1e #"& lo%1.o*t78 (() %f no settle!ent is arrived at during the course of conciliation proceedings and the parties to the dispute do not agree to refer it to an *rbitrator under section

/=, the "or#!en !ay go on stri#e, the e!ployer !ay declare a loc#'out, on the expiration of the period of the notice under section /A or upon a declaration by the conciliator that the conciliation proceedings have failed, "hichever is later. (,) )he party raising a dispute !ay, at any ti!e, either before or after the co!!ence!ent of a stri#e or loc#'out !a#e an application to the 5abour 3ourt for adjudication of the dispute. (/) ;here a stri#e or loc#'out lasts for !ore than thirty days, the Govern!ent !ay, by order in "riting, prohibit the stri#e or loc#'out. (7) )he Govern!ent !ay, by order in "riting, prohibit a stri#e or loc#'out at any ti!e before the expiry of thirty days, if it is satisfied that the continuance of such a stri#e or loc#'out is causing serious hardship to the co!!unity or is prejudicial to the national interest. (:) %n any case in "hich the Govern!ent prohibits a stri#e or loc#'out, it shall forth"ith refer the dispute to the 5abour 3ourt. (A) )he 5abour 3ourt shall, after giving both the parties to the dispute an opportunity of being heard, !a#e such a"ard as it dee!s fit, as expeditiously as possible, but not exceeding thirty days fro! the date on "hich the dispute "as referred to it. (>) )he 5abour 3ourt !ay also !a#e an interi! a"ard on any !atter in dispute. (B) *ny delay by the 5abour 3ourt in !a#ing an a"ard shall not affect the validity of any a"ard !ade by it. (=) *n a"ard of the 5abour 3ourt shall be for such period as !ay be specified in the a"ard "hich shall not be !ore than t"o years. :17 Stri1e or lo%1.o*t i" $*-li% *tilit/ )er2i%e)78 (() )he Govern!ent in the case of a stri#e or loc#'out relating to an industrial dispute in respect of any of the public utility services !ay, by order in "riting, prohibit a stri#e or loc#'out at any ti!e before or after the co!!ence!ent of the stri#e or loc#'out. (,) )he provisions of section 7- shall also apply to an order !ade under sub'section (() as they apply to an order of the Govern!ent !ade under that section. :27 A$$li%#tio" to L#-o*r Co*rt78 *ny collective bargaining agent or any e!ployer !ay apply to the 5abour 3ourt for the redressal of any grievance or enforce!ent of any right guaranteed or secured to it or hi! by or under any la" or any a"ard or settle!ent. :97 R#i)i"+ o( i"&*)tri#l &i)$*te -/ (e&er#tio"78 (() @ot"ithstanding anything contained in this *ct, a federation of trade unions !ay, if it is a collective bargaining agent, raise an industrial dispute affecting all e!ployers or "or#ers of the establish!ents represented by that federation before the )ribunal and a decision of the )ribunal shall be binding on all such e!ployers and "or#ers. (,) @o collective bargaining agent shall, at any ti!e "hen a decision of the )ribunal in respect of any !atter is effective, be entitled to raise a de!and relating to that !atter. ::7 L#-o*r Co*rt78 (() )he Govern!ent !ay, by notification in the official Gazette, establish as !any 5abour 3ourts as it considers necessary and, "here it establishes !ore than one 5abour 3ourt, shall specify in the notification the territorial li!its "ithin "hich or the industries or classes of cases in respect of "hich, each one of the! shall exercise jurisdiction under this *ct. (,) * 5abour 3ourt shall consist of one presiding officer appointed by the Govern!ent. (/) * person shall not be 6ualified for appoint!ent as presiding officer unless he has been or is a 1istrict Iudge or an *dditional 1istrict Iudge. (7) (a) (b) (c) (d) * 5abour 3ourt shall0 adjudicate and deter!ine an industrial dispute "hich has been referred to, or brought before it under the *ct$ en6uire into and adjudicate any !atter relating to the i!ple!entation or violation of a settle!ent "hich is referred to it by the Govern!ent$ try offences under the *ct and such other offences under any other la" as the Govern!ent !ay, by notification in the official Gazette, specify in this behalf$ try offences punishable under section A7$

(e)

to deal "ith cases of unfair labour practices specified in sections (> and (B on the part of e!ployers, "or#ers, trade unions, of either of the! or persons acting on behalf of any of the!, "hether co!!itted individually or collectively, in the !anner laid do"n under section // or section 7, or in such other "ay$ exercise and perfor! such other po"ers and functions as are or !ay be conferred upon or assigned to it by or under the *ct or any other la"$ and grant such relief as it !ay dee! fit including an interi! relief.

(f) (g)

(7) *n interi! order passed by a 5abour 3ourt shall stand vacated on the expiration of t"enty days unless, for reasons to be recorded in "riting, it is, fro! ti!e to ti!e for a period not exceeding t"enty days, extended by the 5abour 3ourt. :;7 Pro%e&*re #"& $o0er) o( L#-o*r Co*rt78 (() 2ubject to the provisions of this *ct, "hile trying an offence, a 5abour 3ourt shall follo" as nearly as possible su!!ary procedure as prescribed under the 3ode of 3ri!inal Procedure, (B=B (4 of (B=B). (,) * 5abour 3ourt shall, for the purpose of adjudicating and deter!ining any industrial dispute, be dee!ed to be a 3ivil 3ourt and shall have the sa!e po"ers as are vested in such 3ourt under the 3ode of 3ivil Procedure, (=-B (4 of (=-B), including the po"ers of& (a) (b) (c) enforcing the attendance of any person and exa!ining hi! on oath$ co!pelling the production of docu!ents and !aterial objects$ and issuing co!!issions for the exa!ination of "itnesses or docu!ents.

(/) * 5abour 3ourt shall, for the purpose of trying an offence under the *ct or the %ndustrial and 3o!!ercial E!ploy!ent (2tanding Drders) Drdinance, (=AB (4% of (=AB), have the sa!e po"ers as are vested in the 3ourt of a <agistrate of the first class e!po"ered under section /- of the 3ode of 3ri!inal Procedure, (B=B (4 of (B=B). (7) @o court fee shall be payable for filing, exhibiting or recording any docu!ent in a 5abour 3ourt. (:) %f the parties to a case, at any ti!e before a final order is passed by the 5abour 3ourt, satisfy the 5abour 3ourt that the !atter has been resolved by the! a!icably and that there are sufficient grounds for "ithdra"ing the case, it !ay allo" such "ithdra"al. :<7 A0#r&) #"& &e%i)io") o( L#-o*r Co*rt78 (() *n a"ard or decision of a 5abour 3ourt shall be given in "riting and delivered in open 3ourt and t"o copies thereof shall be for"arded, forth"ith to the Govern!ent, provided that if the Federal Govern!ent is a party, t"o copies of the a"ard or decision shall be for"arded to that Govern!ent as "ell. (,) )he Govern!ent shall, "ithin a period of thirty days fro! the receipt of the copies of the a"ard or decision, publish it in the official Gazette. (/) *ny party aggrieved by a final a"ard, decision or sentence under section //, section 7, or section 77, except an interi! order, !ay, "ithin thirty days of the co!!unication of the final a"ard, decision or sentence, prefer an appeal to the )ribunal, "hose decision thereon shall be final. (7) 2ave as other"ise expressly provided in this *ct, all a"ards, decisions and sentences of a 5abour 3ourt shall be final and shall not be called in 6uestion in any !anner by or before any 3ourt or other authority. :=7 L#-o*r A$$ell#te Tri-*"#l78 (() )he Govern!ent !ay, by notification in the official Gazette, constitute as !any )ribunals consisting of one !e!ber as it !ay consider necessary and, "here it constitutes !ore than one )ribunals, it shall specify in the notification the territorial li!its "ithin "hich or the class of cases in relation to "hich, each one of the! shall exercise jurisdiction under this *ct. (,) )he !e!ber of the )ribunal shall be a person "ho is or has been a Iudge or an *dditional Iudge of the 5ahore High 3ourt and shall be appointed on such ter!s and conditions as the Govern!ent !ay deter!ine. (/) )he )ribunal !ay, on appeal, confir!, set aside, vary or !odify the a"ard, decision or sentence given or passed under section //, section 7, or section 77 and shall exercise all the po"ers conferred by the *ct to the 3ourt, save as other"ise provided.

(7) )he decision of the )ribunal shall be delivered as expeditiously as possible, "ithin a period of one hundred and t"enty days follo"ing the filing of the appeal, provided that such decision shall not be rendered invalid by reason of any delay. (:) )he )ribunal !ay, on its o"n !otion at any ti!e, call for the record of any case or proceedings under the *ct in "hich a 5abour 3ourt "ithin its jurisdiction has passed an order for the purpose of satisfying itself as to the correctness, legality, or propriety of such order, and !ay pass such order in relation thereto as it thin#s fit. (A) @o order under sub'section (:) shall be passed revising or !odifying any order adversely affecting any person "ithout giving such person a reasonable opportunity of being heard. (>) )he )ribunal shall follo" such procedure as !ay be prescribed. (B) )he )ribunal !ay punish for conte!pt of its authority, or that of any 5abour 3ourt subject to its appellate jurisdiction, as if it is a High 3ourt. (=) *ny person convicted and sentenced by the )ribunal under sub'section (B) to i!prison!ent for any period, or to pay a fine exceeding fifteen thousand rupees, !ay, "ithin thirty days, prefer an appeal to the 5ahore High 3ourt. ((-) * )ribunal !ay, on its o"n !otion or on the application of a party, transfer any application or proceeding fro! a 5abour 3ourt subject to its appellate jurisdiction to any other such 5abour 3ourt. ((() @ot"ithstanding anything contained in sub'section (/), if in an appeal preferred to it against the order of a 5abour 3ourt directing the reinstate!ent of a "or#!an and the )ribunal !a#es an order staying the operation of the order of the 5abour 3ourt, the )ribunal shall decide such appeal "ithin ninety days. ((,) %f an appeal under sub'section ((() is not decided "ithin the period of ninety days, the interi! order of the )ribunal shall stand vacated on the expiration of that period. :>7 Settle'e"t) #"& #0#r&) o" 0ho' -i"&i"+78 (() * settle!ent arrived at in the course of a conciliation proceedings, or other"ise bet"een the e!ployer and the collective bargaining agent or an a"ard of an *rbitrator prescribed under section /=, or an a"ard or decision of a 5abour 3ourt delivered under section 7A or the decision of the )ribunal under section 7> shall0 (a) (b) be binding on all parties to the industrial dispute$ be binding on all other parties su!!oned to appear in any proceedings before a 5abour 3ourt as parties to the industrial dispute, unless the 3ourt specifically other"ise directs in respect of any such party$ be binding on the heirs, successors or assignees of the e!ployer in respect of the establish!ent to "hich the industrial dispute relates "here an e!ployer is one of the parties to the dispute$ and "here a collective bargaining agent is one of the parties to the dispute, be binding on all "or#!en "ho "ere e!ployed in the establish!ent or industry to "hich the industrial dispute relates on the date on "hich the dispute first arose or "ho are e!ployed therein after that date.

(c)

(d)

(,) ;here a collective bargaining agent or a trade union perfor!ing the functions of a collective bargaining agent under section A/ exists, the e!ployer shall not enter into a settle!ent "ith any other trade union, and any contravention of this provision shall be dee!ed to be an unfair labour practice under section (>. (/) * settle!ent arrived at by agree!ent bet"een the e!ployer and a trade union other"ise than in the course of conciliation proceedings shall be binding on the parties to the agree!ent. :?7 E((e%ti2e &#te o( )ettle'e"t or #0#r&78 (() * settle!ent shall beco!e effective0 (a) (b) if a date is agreed upon by the parties to the dispute to "hich it relates, on such date$ and if a date is not so agreed upon, on the date on "hich the !e!orandu! of the settle!ent is signed by the parties.

(,) * settle!ent shall be binding for such period as is agreed upon by the parties but not exceeding t"o years, and if no such period is agreed upon for a period of one year fro! the date on

"hich the !e!orandu! of settle!ent is signed by the parties to the dispute and shall continue to be binding on the parties after the expiry of the aforesaid period until the expiry of t"o !onths fro! the date on "hich either party infor!s the other party in "riting of its intention no longer to be bound by the settle!ent. (/) *n a"ard given under sub'section (() of section 7A shall, unless an appeal against it is preferred to the )ribunal, beco!e effective on such date and re!ain effective for such period, not exceeding t"o years, as !ay be specified therein. (7) )he *rbitrator, the 5abour 3ourt or the )ribunal shall specify dates fro! "hich the a"ard on various de!ands shall be effective and the ti!e li!it by "hich it shall be i!ple!ented in each case. (:) %f at any ti!e before the expiry of the period !entioned in sub'section (/) or sub'section (7), any party bound by an a"ard !ay apply to the 5abour 3ourt or the )ribunal for reduction of the said period on the ground that the circu!stances in "hich the a"ard "as !ade have !aterially changed, the 5abour 3ourt or the )ribunal !ay, by order !ade after giving to the other party an opportunity of being heard, ter!inate or reduce the said period. (A) * decision of the )ribunal in appeal under sub'section (/) of section 7> shall be effective fro! the date of the a"ard. (>) @ot"ithstanding the expiry of the period for "hich an a"ard is to be effective under sub'section (/) or sub'section (7), the a"ard shall continue to be binding on the parties until the expiry of t"o !onths fro! the date on "hich either party infor!s the other party in "riting of its intention no longer to be bound by the a"ard. ;07 Co''e"%e'e"t #"& %o"%l*)io" o( $ro%ee&i"+)78 (() * conciliation proceeding shall be dee!ed to have co!!enced on the date on "hich a notice of stri#e or loc#'out is received by the conciliator under section /7. (,) (a) (b) * conciliation proceeding shall be dee!ed to have concluded0 "here a settle!ent is arrived at, on the date on "hich a !e!orandu! of settle!ent is signed by the parties to the dispute$ and "here no settle!ent is arrived at0 (i) (ii) (/) (a) if the dispute is referred to an *rbitrator under section /= on the date on "hich the *rbitrator has given his a"ard or other"ise$ or on the date on "hich the period of the notice of stri#e or loc#'out expires.

Proceedings before a 5abour 3ourt shall be dee!ed to have co!!enced0 in relation to an industrial dispute, on the date on "hich an application has been !ade under section 7- or section 7,, or on the date on "hich it is referred to the 5abour 3ourt by the Govern!ent under section 7- or section 7($ and in relation to any other !atter, on the date on "hich it is referred to the 5abour 3ourt.

(b)

(7) Proceedings before the )ribunal in relation to a dispute referred to it under section 7- or section 7( shall be dee!ed to have co!!enced on the date on "hich the reference is !ade to it. (:) Proceedings before the )ribunal or a 5abour 3ourt shall be dee!ed to have concluded on the date on "hich the a"ard or decision is delivered under sub'section (() of section 7A. ;17 Cert#i" '#tter) to -e 1e$t %o"(i&e"ti#l78 (() )here shall not be included in any report, a"ard or decision under this *ct any infor!ation obtained by a +egistrar, conciliator, 5abour 3ourt, *rbitrator or )ribunal in the course of any investigation or in6uiry as to a trade union or as to any individual business ("hether carried on by a person, fir! or co!pany) "hich is not available other"ise than through the evidence given before such authority, if the trade union, person, fir!, or co!pany in 6uestion has !ade a re6uest in "riting to the authority that such infor!ation shall be treated as confidential, nor shall such proceedings disclose any such infor!ation "ithout the consent in "riting of the secretary of the trade union or the person, fir! or co!pany in 6uestion. (,) @othing contained in sub'section (() shall apply to disclosure of any such infor!ation for the purpose of a prosecution under section (=/ of the Pa#istan Penal 3ode (BA(C54 of (BA-).

;27 R#i)i"+ o( i"&*)tri#l &i)$*te)78 @o industrial dispute shall be dee!ed to exist unless it has been raised in the prescribed !anner by a collective bargaining agent or an e!ployer. ;97 Prohi-itio" o" )er2i"+ "oti%e o( )tri1e or lo%1.o*t 0hile $ro%ee&i"+) #re $e"&i"+78 @o notice of stri#e or loc#'out shall be served by any party to an industrial dispute "hile any proceeding before a conciliator, an *rbitrator, a 5abour 3ourt or an appeal in the )ribunal is pending in respect of any !atter constituting such industrial dispute. ;:7 Po0er) o( L#-o*r Co*rt #"& Tri-*"#l to $rohi-it )tri1e78 (() ;hen a stri#e or loc#'out in pursuance of an industrial dispute has already co!!enced and is in existence at the ti!e "hen, in respect of such industrial dispute, there is !ade to, or is pending before, a 5abour 3ourt an application, under section 7,, the 5abour 3ourt !ay, by an order in "riting prohibit continuance of the stri#e or loc#'out. (,) ;hen an appeal in respect of any !atter arising out of an industrial dispute is preferred to a )ribunal under section 7>, the )ribunal !ay, by an order in "riting, prohibit continuance of any stri#e or loc#'out in pursuance of such industrial dispute "hich had already co!!enced and "as in existence on the date on "hich the appeal "as preferred. ;;7 Ille+#l )tri1e or lo%1.o*t78 (() * stri#e or loc#'out shall be illegal if0 (a) it is declared, co!!enced or continued "ithout giving to the other party to the dispute, in the prescribed !anner, a notice of stri#e or loc#'out or before the date of stri#e or loc#'out specified in such notice, or in contravention of section :/$ it is declared, co!!enced or continued in conse6uence of an industrial dispute raised in a !anner other than that provided in section :,$ it is continued in contravention of an order !ade under sections 7-, 7( or :7 or sub' section (/) of section :A$ or it is declared, co!!enced or continued during the period in "hich a settle!ent or a"ard is in operation in respect of any of the !atters covered by a settle!ent or a"ard.

(b) (c) (d)

(,) * loc#'out declared in conse6uence of an illegal stri#e and a stri#e declared in conse6uence of an illegal loc#'out shall not be dee!ed to be illegal. ;<7 Pro%e&*re i" %#)e o( ille+#l )tri1e or lo%1.o*t78 (() @ot"ithstanding anything contained in any other provision of this *ct or in any other la", an officer of the Govern!ent, not belo" the ran# of *ssistant 1irector 5abour ;elfare, in this section referred to as the officer, !ay !a#e en6uiries in such !anner as he !ay dee! fit into an illegal stri#e or illegal loc#'out in an establish!ent or group of establish!ents and !a#e a report to the 5abour 3ourt. (,) *fter co!pleting the en6uiry, the officer shall serve a notice on the e!ployer and the collective bargaining agent or the registered trade union concerned "ith the dispute to appear before the 5abour 3ourt on a date to be fixed by that 3ourt. (/) )he 5abour 3ourt !ay, "ithin ten days follo"ing the day on "hich it receives a report under sub'section ((), after considering the report and hearing such of the parties as appear before it, order the stri#e to be called off or the loc#'out to be lifted. (7) %f the e!ployer contravenes the order of the 5abour 3ourt under sub'section (/) and the 3ourt is satisfied that the continuance of the loc#'out is causing serious hardship to the co!!unity or is prejudicial to the national interest, it !ay issue an order for the attach!ent of the establish!ent or group of establish!ents and for the appoint!ent of an official receiver for such period as it dee!s fit, and such period as !ay be varied fro! ti!e to ti!e. (:) )he official receiver shall exercise the po"ers of !anage!ent and !ay transact business, enter into contracts, give valid discharge of all !oneys received and do or o!it to do all such acts as are necessary for conducting the business of the establish!ent or group of establish!ents. (A) )he 5abour 3ourt !ay, in appointing and regularizing the "or# of an official receiver exercise the po"ers of a 3ivil 3ourt under the 3ode of 3ivil Procedure, (=-B (4 of (=-B). (>) %f the "or#ers contravene the order of the 5abour 3ourt under sub'section (/), the 3ourt !ay pass orders of dis!issal against all or any of the stri#ing "or#ers and not"ithstanding anything to the contrary contained in the *ct, if the 3ourt, after holding such in6uiry as it dee!s fit, records its finding that any registered trade union has co!!itted or abetted the co!!ission of such contravention, the finding shall have the effect of cancellation of the registration of such

trade union and debarring all office'bearers of such trade union fro! holding office in that or in any other trade union for the un'expired ter! of their offices and for the ter! i!!ediately follo"ing such ter!s. (B) )he 5abour 3ourt !ay revie" its order under sub'section (>), if good and sufficient cause is sho"n by an affected "or#er "ithin seven days of an order of dis!issal. (=) 2ubject to any rules !ade by the Govern!ent in this behalf, the officer !ay, for the purpose of en6uiry under sub'section ((), "ithin the local li!its for "hich he is appointed, enter "ith such assistants, if any, being persons in the service of Pa#istan, as he thin#s fit, in an establish!ent or group of establish!ents, "here he has reason to believe an illegal stri#e or loc#' out to be in progress, and !a#e such exa!ination of the pre!ises and plant and of any registers !aintained therein and ta#e on the spot or other"ise such evidence of persons and exercise such other po"ers as he !ay dee! necessary for carrying out the purposes of this section. ((-) )he officer !ay call any party to such dispute to his office or secure his presence in the establish!ent or group of establish!ents and !ay bind any party to the dispute to appear before the 5abour 3ourt. ((() ;here a party to an illegal stri#e or loc#'out, on being re6uired or bound under this section to appear before the officer or the 5abour 3ourt, does not so appear, the officer or 5abour 3ourt !ay, besides ta#ing such other action as !ay be ad!issible under the *ct, proceed ex' parte. ;=7 Co"&itio") o( )er2i%e to re'#i" *"%h#"+e& 0hile $ro%ee&i"+) #re $e"&i"+78 (() @o e!ployer shall, "hile any conciliation proceedings or proceedings before an *rbitrator, a 5abour 3ourt or )ribunal in respect of an industrial dispute are pending, alter to the disadvantage of any "or#!an concerned in such dispute, the conditions of service applicable to hi! before the co!!ence!ent of the conciliation proceedings or of the proceedings before the *rbitrator, 5abour 3ourt or )ribunal nor shall he0 (a) (b) save "ith the per!ission of the conciliator, "hile any conciliation proceedings are pending$ or save "ith the per!ission of the *rbitrator, 5abour 3ourt or )ribunal, "hile any proceedings before the *rbitrator, 5abour 3ourt or )ribunal are pending,

discharge, dis!iss or other"ise punish any "or#!an except for !isconduct not connected "ith such dispute. (,) @ot"ithstanding anything contained in sub'section ((), an office'bearer of a registered trade union shall not, during the pendency of any proceedings referred to in sub' section ((), be discharged, ter!inated, dis!issed or other"ise punished for !isconduct, except "ith the previous per!ission of the 5abour 3ourt, ho"ever, the ter!s and conditions of the e!ploy!ent secured by the "or#ers through collective bargaining, agree!ents, settle!ents, a"ards and decisions of 3ourts shall continue to be binding upon the parties until revised for better!ent of "or#ers. ;>7 Re'o2#l o( (i!e& #))et)78 (() @o e!ployer shall re!ove any fixed assets of the establish!ent during the currency of an illegal loc#'out or a stri#e "hich is not illegal. (,) )he 5abour 3ourt !ay, subject to such conditions as it !ay i!pose, cause to be re!oved any such fixed assets for safe custody to avoid da!age to such assets due to flood, fire, catastrophe or civil co!!otion. ;?7 Prote%tio" o( %ert#i" $er)o")78 (() @o person refusing to ta#e part or to continue to ta#e part in any illegal stri#e or illegal loc#'out shall, by reasons of such refusal, be subject to expulsion fro! any trade union or to any fine or penalty or to the deprivation of any right or benefit "hich he or his legal representatives "ould other"ise have been entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or disadvantage as co!pared "ith other !e!bers of the trade union. (,) *ny contravention of the provisions of sub'section (() !ay be !ade the subject !atter of an industrial dispute, and nothing in the constitution of a trade union providing the !anner in "hich any dispute bet"een its executive and !e!bers shall be settled shall apply to any proceedings for enforcing any right or exe!ption granted by sub'section ((). (/) %n any such proceeding, the 5abour 3ourt !ay, in lieu of ordering a person "ho has been expelled fro! !e!bership of a trade union to be restored to !e!bership, order that he be

paid out of the funds of the trade union such su! by "ay of co!pensation or da!ages as the 3ourt thin#s just. <07 Re$re)e"t#tio" o( $#rtie)78 (() * "or#!an "ho is a party to an industrial dispute shall be entitled to be represented in any proceedings under this *ct by an office'bearer of a collective bargaining agent and subject to the provisions of sub'section (,) and sub'section (/) any e!ployer "ho is a party to an industrial dispute shall be entitled to be represented in any such proceedings by a person duly authorized by hi!. (,) @o party to an industrial dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under the *ct. (/) * party to an industrial dispute !ay be represented by a legal practitioner in any proceedings before the 5abour 3ourt, an *rbitrator or the )ribunal "ith the per!ission of the 5abour 3ourt, *rbitrator or the )ribunal. <17 I"ter$ret#tio" o( )ettle'e"t #"& #0#r&)78 (() %f any difficulty or doubt arises as to the interpretation of any provisions of an a"ard or settle!ent, it shall be referred to the )ribunal. (,) )he )ribunal to "hich a !atter is referred under sub'section (() shall after giving the parties an opportunity of being heard, decide the !atter, and its decision shall be final and binding on the parties. <27 Re%o2er/ o( 'o"e/ &*e (ro' #" e'$lo/er *"&er )ettle'e"t or #0#r&78 (() *ny !oney due fro! an e!ployer under a settle!ent, or under an a"ard or decision of the *rbitrator, 5abour 3ourt or )ribunal !ay be recovered as arrears of land revenue or as a public de!and if, upon the application of the person entitled to the !oney, the 5abour 3ourt so directs. (,) ;here any "or#!an is entitled to receive fro! the e!ployer any benefit, under a settle!ent or under an a"ard or decision of the *rbitrator, 5abour 3ourt or the )ribunal, "hich is capable of being co!puted in ter!s of !oney, the a!ount at "hich such benefit shall be co!puted !ay, subject to the rules !ade under this *ct, be deter!ined and recovered as provided for in sub'section (() and paid to the "or#!an concerned "ithin a specified date. (/) * 5abour 3ourt !ay exercise the po"ers of 3ollector under the Punjab 5and +evenue *ct (=A> (C4%% of (=A>) for recovery of an a!ount due under this *ct. <97 Per(or'#"%e o( (*"%tio") $e"&i"+ #)%ert#i"'e"t o( %olle%ti2e -#r+#i"i"+ #+e"t78 *ny act or function "hich is by this *ct re6uired to be perfor!ed by or has been conferred upon a collective bargaining agent !ay, until a collective bargaining agent has been certified under the provisions of the *ct, be perfor!ed by a registered trade union "hich has been recognized by the e!ployer or e!ployers. <:7 Pe"#lt/ (or *"(#ir l#-o*r $r#%ti%e)78 (() * person "ho contravenes the provisions of section (-, he shall be liable to fine "hich !ay extend to t"enty thousand rupees but not less than five thousand rupees. (,) * person "ho contravenes the provisions of section (>, he shall be liable to fine "hich !ay extend to thirty thousand rupees but not less than ten thousand rupees. (/) * person "ho contravenes the provisions of section (B, other than those of clause (d) of sub'section (() thereof, he shall be liable to pay fine "hich !ay extend to t"enty thousand rupees but not less than five thousand rupees. (7) *n office'bearer of a trade union, a "or#!an or person other than a "or#!an "ho contravenes or abets the contravention of the provisions of clause (d) of sub'section (() of section (B shall be liable to pay fine "hich !ay extend to thirty thousand rupees but not less than ten thousand rupees. (:) ;here the person accused of an offence under sub'section (7) is an office'bearer of a trade union, the 5abour 3ourt !ay, in addition to any other punish!ent "hich it !ay a"ard to such person under that sub'section, direct that he shall cease to hold the office of the trade union and be dis6ualified fro! holding any office in any trade union during the ter! i!!ediately follo"ing the ter! in "hich he so ceases to hold office. (A) * person "ho contravenes the provisions of section :B, he shall be liable to pay fine "hich !ay extend to fifty thousand rupees but not less than t"enty thousand rupees. <;7 Pe"#lt/ (or %o''itti"+ -re#%h o( )ettle'e"t78 * person "ho co!!its any breach of any ter! of any settle!ent, a"ard or decision "hich is binding on hi! under this *ct, he shall be punished0

(a) (b)

for the first offence, "ith fine "hich !ay extend to t"enty thousand rupees$ and for each subse6uent offence$ "ith fine "hich !ay extend to fifty thousand rupees.

<<7 Pe"#lt/ (or (#ili"+ to i'$le'e"t )ettle'e"t7 B * person "ho "illfully fails to i!ple!ent any ter! of any settle!ent, a"ard or decision "hich it is his duty under this *ct to i!ple!ent shall be punishable "ith a fine "hich !ay extend to t"enty thousand rupees and, in the case of continuing failure, "ith a further fine "hich !ay extend to five thousand rupees for every day after the first, during "hich the failure continues. <=7 Pe"#lt/ (or (#l)e )t#te'e"t78 ;hoever "illfully !a#es or causes to be !ade in any application or other docu!ent sub!itted under this *ct or the rules !ade thereunder, any state!ent "hich he #no"s or has reason to believe to be false, or "illfully neglects or fails to !aintain or furnish any list, docu!ent or infor!ation he is re6uired to !aintain or furnish, under the *ct or the rules !ade there under shall be punishable "ith fine "hich !ay extend to fifty thousand rupees but not less than t"enty thousand rupees. <>7 Pe"#lt/ (or &i)%h#r+i"+ o((i%e.-e#rer o( tr#&e *"io" i" %ert#i" %ir%*')t#"%e)78 *ny e!ployer "ho contravenes the provision of section :>, he shall be punished "ith fine "hich !ay extend to t"enty thousand rupees but not less than five thousand rupees. <?7 Pe"#lt/ (or e'-e44le'e"t or 'i)#$$ro$ri#tio" o( (*"&)78 *ny office'bearer or any e!ployee of a registered trade union, guilty of e!bezzle!ent or !isappropriation of trade union funds, shall be liable to a fine, double the a!ount found by the 5abour 3ourt to have been e!bezzled or !isappropriated and upon realization, the 5abour 3ourt !ay rei!burse the a!ount of fine to the trade union. =07 Pe"#lt/ (or other o((e"%e)78 * person "ho contravenes, or fails to co!ply "ith, any of the provisions of this *ct shall, if no other penalty is provided by the *ct for such contravention or failure, he shall be punished "ith fine "hich !ay extend to five thousand rupees. =17 O((e"%e to -e "o".%o+"i4#-le78 @ot"ithstanding anything contained in the 3ode of 3ri!inal Procedure, (B=B (4 of (B=B) no police officer shall be co!petent to arrest "ithout "arrant an e!ployer or a "or#er for an offence under this *ct other than the offence of illegal stri#e or illegal loc#'out continued in contravention of an order !ade under sub'section (/) of section :A. =27 O((e"%e) -/ %or$or#tio"78 (() ;here the person guilty of any offence under this *ct is a co!pany or other body corporate, every director, !anager, secretary or other officer or agent thereof shall, unless he proves that the offence "as co!!itted "ithout his #no"ledge or consent or that he exercised all due diligence to prevent the co!!ission of the offence, be dee!ed to be guilty of such offence$ (,) ;here a co!pany has inti!ated to the Govern!ent in "riting the na!es of any of its directors resident in Pa#istan "ho! it has no!inated for the purpose of this section and the offence is co!!itted "hile such directors continue to be so no!inated, only such directors shall be dee!ed to be guilty in ter!s of sub'section ((). =97 Tri#l o( o((e"%e)78 2ave as provided in this *ct, no 3ourt other than a 5abour 3ourt or that of a <agistrate of the first class shall try any offence punishable under the *ct. =:7 I"&e'"it/78 @o suit, prosecution or other legal proceedings shall lie against any person for anything "hich is in good faith done or intended to be done in pursuance of this *ct or any rule. =;7 O((i%er) to -e $*-li% )er2#"t)78 * +egistrar, conciliator, presiding officer of a 5abour 3ourt and the !e!ber of a )ribunal, shall be dee!ed to be a public servant "ithin the !eaning of section ,( of the Pa#istan Penal 3ode (BA- (C54 of (BA-). =<7 Li'it#tio"78 )he provisions of section : of the 5i!itation *ct, (=-B (%C of (=-B), shall apply in co!puting the period "ithin "hich an application is to be !ade, or any other thing is to be done, under this *ct. ==7 Po0er to '#1e r*le)78 (() )he Govern!ent !ay !a#e rules for carrying out the purposes of this *ct. (,) )he rules !ade under this section !ay provide that a contravention thereof shall be punishable "ith fine "hich !ay extend to five thousand rupees.

=>7 Pro2i)io" o( %erti(ie& %o$ie)78 )he )ribunal and the 5abour 3ourt appointed under this *ct shall provide certified copies of docu!ents, orders or decisions on pay!ent of a prescribed fee. =?7 Re$e#l #"& )#2i"+)78 (() @ot"ithstanding the repeal of the %ndustrial +elations *ct, ,--B (%4 of ,--B), hereinafter referred to as the repealed *ct0 (a) (b) every trade union registered under the repealed *ct shall be dee!ed to be registered under this *ct$ anything done, rules !ade, notification or order issued, officer appointed, 3ourt constituted, notice given, proceedings co!!enced or other action ta#en under the repealed *ct or purportedly under that *ct till the co!ing into force of the *ct, shall be dee!ed to have been done, !ade, issued, appointed, constituted, given, co!!enced or ta#en, under the *ct$ and every reference to the repealed *ct shall be construed as reference to the *ct.

(c)

>07 Tr#")(er o( %#)e) (ro' N#tio"#l I"&*)tri#l Rel#tio") Co''i))io"78 (() *ll the cases pending before the @ational %ndustrial +elations 3o!!ission, constituted under the repealed %ndustrial +elations *ct ,--B (%4 of ,--B) shall stand transferred to the )ribunal, 5abour 3ourt and +egistrar having jurisdiction in the !atter. (,) )he said @ational %ndustrial +elations 3o!!ission shall transfer the record of all the cases and trade unions to the )ribunal, 5abour 3ourt or +egistrar. (/) )he )ribunal, 5abour 3ourt or +egistrar !ay continue the proceedings in a case transferred under this section fro! the stage at "hich it "as pending before the @ational %ndustrial +elations 3o!!ission at the ti!e of co!ing into force of this *ct. >17 Re'o2#l o( &i((i%*ltie)78 %f any difficulty arises in giving effect to any provisions of this *ct, the Govern!ent !ay, by notification in the official Gazette, !a#e such order, not inconsistent "ith the provisions of the *ct, as !ay appear to it to be necessary for the purpose of re!oving the difficulty. >27 Re$e#l78 )he Punjab %ndustrial +elations Drdinance ,-(- (%% of ,-(-) is hereby repealed.

(. ,. /. 7. :. A. >. B.

SCHEDULE PUBLIC UTILIT5 SER6ICE [see section ,(xxiii) )he generation, production, !anufacture, or supply of electricity, gas, oil or "ater to the public. *ny syste! of public conservancy or sanitation. Hospitals and a!bulance service. Fire'fighting service. *ny postal, telegraph or telephone service. +ail"ays and *ir"ays. 1ry Ports. ;atch and "ard staff and security services !aintained in any establish!ent.

AACSOOD AHAAD AALID Se%ret#r/