WHAT ARE THE POWERS AND FUNCTIONS OF INDUSTRIAL COMMISSION OF PAKISTAN

National Industrial Relations Commission.

(1) The Federal Government shall constitute a National Industrial Relations Commission consisting of eight members, including its Chairman.

(2) The Chairman and the members shall be appointed by the Federal Government.

(3) The qualification and terms and conditions of service for appointment as Chairman and member of the Commission shall be determined by the Federal Government.

 The functions of the Commission.

1.Adjudication of dispute.

 To adjudicate and determine an industrial dispute to which an industry-wise trade union or a federation of such trade unions is a party.

•  And any other industrial dispute which is of national importance and is referred to it by Federal Government;
• (b) register industry-wise trade unions, federations of such trade unions and federations at the national level and carry out ratings of the trade unions and federations registered by it in terms of their standing and representative character;
• (c) determine the collective bargaining agents amongst industry-wise trade unions, federations of such trade unions and federations at the national level;
• (d) try offences punishable under-
  • (i) section 65, other than sub-sections (1) and (5) thereof; and
  • (ii) any other provisions, in so far as they relate to employers or workers in relation to an industry-wise trade union, a federation of such trade unions, a federation at the national level or office-bearers of such unions or federation;

(e) deal with cases of unfair labour practices on the part of employers, workmen, collective bargaining agents, industry-wise trade unions.

(f) advise Government, industry-wise trade unions and federations in respect to the education of workers in the essentials of trade unionism, including education in respect of their rights and obligations, and to secure the provision of facilities required.

(g) promote healthy trade unionism whether in establishments within a Province or in more than one Province and federations of such trade unions; 

(h) facilitate the formation of federations at the national level; and

(i) exercise such other powers and perform functions as the Federal Government may by notification in the official Gazette, assign to it from time to time.

(5) The Commission may, on the application of a party, or of its own motion-

• (a) initiate prosecution, trial or proceedings or take action, with regard to any matter relating to its functions; and
• (b) withdraw from a Labour Court any application, proceedings or appeal relating to unfair labour practice.

(6) For the purpose of dealing with a case of unfair labour practice of which the Commission is seized, the Commission may-

• (a) proceed directly with the case;
• (b) ask the Registrar within whose jurisdiction the case has occurred or is likely to occur to enquire into it and submit a report; or
• (c) refer the case to the Labour Court within whose jurisdiction the case has occurred or is likely to occur, either for report or for disposal.

50. Benches of the Commission, etc.- (1) The Chairman of the Commission shall exercise general superintendence over its affairs.
(2) For the efficient performance of the functions of the Commission, the Chairman of the Commission shall constitute-

• (a) a Full Bench of the Commission which shall consist of not less than three members of the Commission; and
• (b) as many other Benches of the Commission consisting of one or more members of the Commission as he may deem fit.

(3) The Benches shall-

• (a) in relation to cases based on allegations of unfair labour practices brought before the Commission for trial of offences, or enforcement of, or for redress of individual grievances in respect of any right guaranteed or secured to any employer or worker by or under any law or any award or settlement, perform such functions and exercise such powers as are performed and exercised by a Labour Court; and
• (b) in relation to industry-wise trade unions, federations of such trade unions, federations at the national level and cases referred to the Commission, perform such functions and exercise such powers as are performed and exercised by a Registrar or a Labour Court in relation to trade unions and federations of trade unions within a Province,

and, for this purpose, any reference in this Ordinance to a "Registrar" or "Labour Court", as the case may be, shall be deemed to be a reference to the appropriate Bench of the Commission to which such functions are assigned:
Provided that, in the performance of those functions and in the exercise of those powers, the Benches shall, unless otherwise provided in this Ordinance, follow the procedure laid down in the regulations to be made under section 55.
(4) If any member of the Commission is absent from, or is otherwise unable to attend any sitting of the Commission or of a Bench consisting of more than one member of which he is a member, the proceedings of the Commission or Bench may continue, and the decision or award may be given or judgment or sentence may be passed in the absence of such member and no act, proceedings, decision, or award of the Commission or Bench shall be invalid or be called in question merely on the ground of such absence or of the existence of vacancy in or any defect in the constitution of the Commission or Bench.
(5) If the members of a Bench differ in opinion as to the decision to be given on any point-

• (a) the point shall be decided according to the opinion of the majority, if there is a majority; and
• (b) if the members are equally divided, they shall state the point on which they differ and the case shall be referred by them to the Chairman for hearing on such point by one or more of the other members of the Commission and such point shall be decided according to the opinion or the majority of the members of the Commission who have heard the case, including those who first heard it:

Provided that if upon any matter requiring the decision of a Bench which includes the Chairman of the Commission as one of its members, there is a difference of opinion among its members and the members so constituting the Bench are equally divided, the opinion of the Chairman shall prevail and the decision of the Bench shall be expressed in terms of the views of the Chairman.
(6) Any order of decision made, award given, sentence passed, power exercised, function preformed or proceedings taken by any Bench of the Commission in accordance with this Ordinance and the order constituting the Bench shall be deemed to be the order or decision made, award given, sentence passed, power exercised, function performed or proceedings taken, as the case may be, by the Commission.
Explanation.- In this section, the expression 'the Chairman of the Commission' includes such member of the Commission (to be known as Senior Member) as the Federal Government may nominate to perform the functions and exercise the powers of the Chairman during his absence.
51. Additional powers of the Commission.-In addition to the powers which the Commission has under section 50-
(a) the Commission shall have power to punish any person who obstructs or abuses its process or disobeys any of its order or directions or does anything which tends to prejudice the case of a party before it, or tends to bring it or any of its members in relation to proceedings of the Commission into hatred or contempt, or does anything which , by law, constitutes contempt of court, with fine which may extend to forty thousand rupees; and
(b) for the purpose of any investigation, inquiry or adjudication to be made by the Commission under this Ordinance, the Chairman or any member of the Commission may at any time between the hours of sunrise and sunset, and any other person authorized in writing by the Chairman or any member of the Commission in this behalf may, after he has given reasonable notice, enter any building, factory, workshop, or other place or premises whatsoever and inspect the same or any work, machinery, appliance or article therein or interrogate any person therein in respect of anything situated therein or any matter relevant to matters before the Commission.
52. Appeals.- (1) Notwithstanding anything contained in this Ordinance, or in any other law for the time being in force, any person aggrieved by an award or decision given or a sentence or order determining and certifying a collective bargaining unit passed by any Bench of the Commission, other than a Full Bench, may, within thirty days of such award, decision, sentence or order, prefer an appeal to the Commission.
(2) An appeal preferred to the Commission under sub-section (1) shall be disposed of by the Full Bench of the Commission which shall have the power to confirm, set aside, vary or modify such award, decision, sentence or order.
53. Finality of order.- No Court shall entertain any plea as to the jurisdiction of the Commission or an application or as to the legality or propriety of anything done or purporting to be done by the Commission or any of its Benches, and no order, decision, judgment or sentence be called in question in any manner whatsoever, in or before any Court or authority.
54. Determination, etc., of collective bargaining unit.- (1) Where the Commission, on an application made in this behalf, by a trade union of workmen or a federation of such trade unions, or on a reference made by the Federal Government, after holding such inquiry as it deems fit, is satisfied that for safeguarding the interest of the workmen employed in an establishment or group of establishments belonging to the same employer and the same industry, in relation to collective bargaining, it is necessary, just and feasible to determine one or more collective bargaining units of such workmen in such establishment or group of establishments, it may, having regard to the distribution of workers, existing boundaries of the components of such establishment or group of establishments, facilities of communication, general convenience, sameness or similarity of economic activity and other cognate factors-

• (a) determine and certify one or more collective bargaining units in such establishment or group of establishments;
• (b) specify the modifications which, in consequence of the decision under this section, shall take effect in regard to the registration of the trade unions and federations of trade unions affected by among such unions and federations, nomination or election of Shop Stewards, and workers' representatives for participation in the management of the factories, if any, affected by such decision;
• (c) specify the date or dates from, and the period for which, all or any of such changes shall take effect:
  Provided that the date so specified shall not be a date falling within the period of three years specified in sub-section (11) of section 20 in its application to a collective bargaining agent certified in respect of an establishment or establishments:
  Provided further that, after the receipt of a reference for determination of a collective bargaining unit, the Commission may stop or prohibit the proceedings to determine collective bargaining agent under section 20 for any establishment or group of establishments which is likely to be affected by a decision made under this section.
• (d) take such measures or issue such directions to the Registrar as may be necessary to give effect to such modifications; and
• (e) determine and certify a collective bargaining agent for each such unit in accordance with section 20, in so far as applicable and with necessary modifications, if such a unit relates to more than one Province, or direct the Registrar to take such action, if such a unit relates to only one Province.

(2) Where the Commission issues any directions to the Registrar under this section, the Registrar shall comply with them within such period as the Commission may from time to time determine.
(3) After the certification of a collective bargaining unit, no trade union shall be registered in respect of that unit except for the whole of such unit and no certification or proceedings for determination of collective bargaining agent under section 20 shall take place for a part of a collective bargaining unit or a group of collective bargaining units.
(4) An order of the Commission under this section shall have effect notwithstanding anything to the contrary contained in this Ordinance.
55. Power to make regulations.- (1) Subject to the provisions of this Ordinance, 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.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

• (a) registration on industry-wise trade unions, federations of such trade unions and federations at the national level, and the procedure for such registration;
• (b) determination of collective bargaining units;
• (c) determination of collective bargaining agent from amongst the industry-wise trade unions, federations of such trade unions or, as the case may be, federations at the national level, and the procedure therefor;
• (d) procedure, including rules of evidence, for adjudication of industrial disputes;
• (e) procedure, including rules of evidence, for trial of offences;
• (f) procedure for dealing with unfair labour practices;
• (g) superintendence of the Chairman over the affairs of the Commission;
• (h) forms of registers, processes and returns in respect of matters relating to the functions of the Commission; and