Presenters

Hamna Saad 117

Sidra Malik 054

LABOUR COURTS
OF PAKISTAN
Industrial relations Act (2012)
 All persons employed in any establishment/industry except those employed in
 Police, Defence Services of Pakistan, services exclusively connected with the Armed Forces of
Pakistan

 The administration of the State other than those employed as workmen;

 Member of the Security Staff of the Pakistan International Airlines Corporation or drawing
wages in pay group not lower than Group V in the establishment of that Corporation

 The Pakistan Security Printing Corporation or the Security Papers Limited; and

 The establishment or institution for the treatment or care of sick, infirm, destitute or mentally
unfit persons excluding those run on commercial basis.
 Applied for the industries established in Islamabad Capital territory and in trans-provincial
industries.
PROVINCIAL INDUSTRIAL RELATIONS ACT
(2010)
An Act to regulate formation of trade unions, regulation and
improvement of relations between employers and workmen by the
Punjab Government.

 Establishment OF Labor Courts and Appellate Tribunals

 Framework for resolving worker-employer disputes
 Protection of the rights of employer and workmen (under PIRA 2010)
Labor Courts Defined

 a governmental judiciary body which rules on labor or employment-

related matters and disputes.
 Resolving labor matters
 Presiding Officer- District Judge/Additional District Judge
 Relevant provisions:
 Sec 44, 45, 46 of Punjab Industrial Relations Act, 2010 (PIRA-2010)
 Sec 44, 45, 47 of Industrial Relations Act (2012)
Establishment of Labor Court

 Established by the provincial Government

 Procedure
 consult with the chief justice of the respective High Court
 notify in the official gazette
 Discretion of establishment
 More than One Labor Court
 Official notification of the territorial limits
 The Industry or classes of cases in respect of which each one of them shall exercise
jurisdiction under the ordinance.
Functions of Labor Court (Sec 44)

 Adjudication and determination of an industrial dispute

 Industrial dispute- any employer-workmen dispute concerning
employment, terms of employment or working conditions
 Adjudication on matters relating to settlement
 Trying offences under this act or any other law specified by Government
 Dealing with cases of unfair labor practices
 Exercise of other powers
 Granting of relief as deemed fit
Procedure and Powers of Labor Court
 While Trying Offence
 All procedures stated under Code of Criminal Procedures (Cr. P.C)
 While Adjudicating Industrial Dispute
 Civil Court- All procedures stated under Code of Civil Procedures (CPC)

 POWERS
 To enforce attendance of any Person
 To compel Production of Documents etc
 To issue commissions for examination of the matter
 Ex-part Proceedings
 to determine Grievance of workmen
 To grant relief and interim relief
 Powers of First Class Magistrate
 Labour Court shall exercise the powers same as the First Class Magistrate for the
purpose of Trying an offence

 Exemption of Court Fee

 No court fees for filing, exhibiting or recording any document in or obtaining any
document from labor court.

 Withdrawal of Case
 Labor Court may allow withdrawal in case of friendly settlement of the matter
before the announcement of final decision by the Court.
Award and Decisions

 Given in writing and delivered in open court

 Two copies to the Provincial Government
 Two copies to Federal Government
 Within 30 days, Provincial Govt should publish the decision in official
gazette
 Decision of Labor court to be considered final
 If appeal needed, take the matter to Appellatte Tribunal within 30
days
Labor Appellate Tribunal

 Discretion in the formation of Appellate Tribunals

 Notification in the official Gazette
 As many tribunals as Provincial Government wants to
 More than one Tribunal- specification of jurisdiction
 Member of Tribunal- Judge/Additional Judge of High Court
Functions and Powers
 Confirm, set aside, vary or modify the award, decision by the Labor Court
 Tribunal decision to be given within 120 days
 Call for the records of the case taken by Labor Court
 Passing of orders as considered appropriate
 Not revising/modifying the order that adversely affects any person without hearing
him
 Follow the procedure as prescribed
 Punish for any disrespect of its authority or of Labor Court
 Appeal to High Court (in case of conviction or fine greater than Rs. 15000)
 Transfer of application from one Labor Court to another
CONCLUSION

 Labour court- judicial forum to resolve the disputes between

employers and workmen
 two-fold jurisdiction (Civil and Criminal)
 Discretion in the decision
 Ensuring fairness and equity in employment
 Restore and improve the employee-workmen relationships
 Labor Appellate Tribunal