Tuesday, September 20, 2011

BUSINESS LAW, Powers & functions of national industrial relation commission

Q. what are the powers and functions of National Industrial Relation Commission? Discuss in detail.

Commission is a body of persons to run and implement the procedures of industrial relations ordinance 2002.The Federal Government shall constitute a National Industrial Relations Commission consisting of eight members including its chairman. The Federal Government shall appoint the chairman and its members .The Federal Government shall determine the qualification and terms and conditions of service for appointment as chairman and member of the commission. (sec.49)

Powers and Functions of the Commission.

Following are the functions and powers of the Commission:
  1. Adjudication of disputes
    .To adjudicate and determine an industrial dispute that is of national importance referred by the federal government.
  2. Registration of trade unions.
    To register industry wise trade union, federation of trade unions and federations at the national level.
  3. Ratings of trade unions.
    To carry out ratings of the trade unions and federations registered by it in terms of their standing and character.
  4. Determination of CBA.
    To determine the collective bargaining agents amongst industry wise Trade unions and federations at the national level.
  5. Advisory services.
    To advise Government, Trade unions and federations in respect to the education of workers in essentials of the Trade unionism.
  6. Worker education.
    To educate the workers in respect of their rights and obligations and to secure the provision of facilities.
  7. Promotion of unionism. 
    To promote healthy Trade unionism in establishments within a province and federations of Trade unions.
  8. Facility center.
    To facilitate the formation of federations at national level.
  9. Unfair labour practices.
    To deal with cases of unfair practices on the part of the employer, workmen.
  10. Check on CBA.
    To deal with cases of unfair practices on the part of collective bargaining agent and Trade unions or their agents.
  11. Prevention of unfair labour practices.
    To take measures to prevent an employer or workmen from committing an unfair labour practice.
  12. Offences.
    To try offences in respect of matters to any of its functions.
  13. Punishment.
    The commission shall have power to punish any person who obstructs its processes or disobeys its orders and directions.
  14. Prosecution.
    The commission may initiate prosecution, trial, action or proceedings with regard to any matter relating to its functions.
  15. Authority delegation.
    The commission for the purpose of an investigation or inquiry may authorize its chairman or any member to enter any building, factory etc. and inspect, interrogate and report.
  16. Withdrawl of cases.
    The commission may on the application of the party or on its own motion, withdraw any case of unfair labour practice from the labour courts.
  17. Seizure of cases.
    To deal the unfair labour practice of which the commission is seized, the commission may,
  1. proceed directly with the case,
  2. ask the registrar to enquire into it and report.
  3. refer the case to labour court for report or for disposal.
  1. Assigned powers.
    To exercise other powers and functions, assigned by the federal government from time to time.
    19.Power to make regulations.
    The Commission may, with the prior approval of the Federal Government, make such regulations relating to its procedure and the performance of its functions as it may deem fit.
    20. Power to demand reports. 
    Commission may order to labour court to enqiure into any case and submit a report about the matters.
    21. Formation of benches.
    For the efficient perfomance of the functions of the commission, the chairman of the commission shall  form various benches of the ccommission on the behalf of the commission.
    22. General powers and functions.
    The commission has general powers and functions to regulate, maintain and run the procedures of industrial commission ordinance. 

Finality of Order:

The order passed by the commission  or any of its Benches shall not be called in question in any court, and such order, decision, judgment or sentence passed by the Commission shall be final.( 53)


ghulam hussain said...

check the point 11 and 9 which are same in powersand functions of trade union.

Maqsood Ahmed said...

Read carefully not same