Evolution of industrial relations legislation in indo pak
By: SHAFIQ GHAURI
DIGNITY OF HUMAN CAPITAL
“ MATUSHITA ELECTRONICS-JAPAN”
" WE MAKE ELECTRICAL APPLIANCES BUT FIRST &
FORE MOST, OUR COMPANY MAKES MAN"
Appointment of a Commission on International Labor
legislation/standards by Paris Peace Conference in
1919 and established a Labor Charter.
Indian Royal Commission of Labor 1929-31. The
commission inquire into existing labor and working
conditions, and has given 357 recommendations for
Legislative and Executive enactments.
1st Pak Tripartite Labor Conference in 1949 for
formulation of a labor policy.
ILO’s Survey Mission 1952-53
To study and observe the working conditions and to
provide social justice. Recommended for a Social
Convention No 87 :
Freedom of Association & Protection of the
right to Organize
• Article – 2 Workers & Employers, Without
distinction whatsoever, shall have the right
to establish, subject only to the rules of
organization concerned, or join association
of their own choosing without previous
Convention No 98:
Principal of Rights to organization and to
Article – 4 Measures appropriate to national
conditions Shall be taken, where necessary, to
encourage and promote the full development
and utilization of machinery for voluntary
negotiations between employers or employer’s
organizations and worker’s organization, with
a view to the regulation of terms and
conditions of employment by means of
Rigid, Negative, Stereotyping of each other
Restrict the union within the parameter of law
Accommodate each other’s point of view after
a purposeful consultation, with an intention to
achieve WIN – WIN situation
Formation of Trade Union
Regulating the relationship between
Employers & Workmen.
Avoidance & Settlement of disputes and
differences, if arises.
The prevention of illegal Strike & Lock Out.
The Relief to Workmen in the matter of
The imposition Of Fine in case of violation of
Law from either side.
Trade union is a continuous association of wage earners for
the purpose of maintaining or improving the conditions of
their working lives as also to protect and advancement of the
economic interest of their members.
So the Trade Union having a set of beliefs concerned with the
problems confronting the workers and a generalized program
for improvement and betterment.
Trade Union is globally recognized by way of ILO’s
Convention No .87 as “Freedom of Association”. However as
per Industrial Relations Act -2008 defines as; “Trade Union
means any combination of workmen or employers formed
primarily for the purpose of regulating the relations between
workmen and employers, or workmen and workmen or
employers and employers, OR for imposing restrictive
conditions on the conduct of any trade or business and
includes a Federation of two or more Trade Unions.
Thus the main purpose is to regulate and improvement of
relationship between stake holders in an amicable manner.
CBA shall be entitle under the provision of law as;
To undertake collective bargaining with the
To represent all or any of workmen in any
To give notice of, and declare a strike in
accordance with law.
To request for check off system.
To nominate representative of provident fund of
workers on the board of trustee of any welfare
institution Or provident fund of workers.
CBA is known as the representative of the workers in
an establishment which is determined by way of a
Referendum amongst the contesting trade unions, for
a period of two years. In the referendum process the
Trade Union obtaining the one-third 1/3 votes of the
total number of workmen employed in the
establishment shall be certified to be the CBA and
thus Registrar of Trade Union issued them a
certificate Under section 24 of the IR Act – 2008. The
CBA is under a duty to represent interests of all the
workers impartially without discrimination and thus
having a legal right to bargain on the economic
issues of the workers with the employers and to
The CBA is authorized to bargain with the employers on
the collective issues of the workers related to the terms
and conditions of the employment. This process can be
defend as an arrangement under which facilities
includes wages and other conditions of service of
workers are settled in the form of an Agreement /
Settlement between the employer and representative of
workers (CBA) .
The sole purpose of this process is to create healthy
working environment, peace and harmony between the
employer and workmen by discussing any difficulty or
difference arising between them and making o a
solution which may be a amicable with mutual consent.
To conclude, the process of collective bargaining is a
mechanism to settle “Economic conflict” with the
employer after bilateral negotiations with an intension
to maintain industrial peace.
THE POWER BASE OF MANAGEMNT
Ownership / Control of the factors of production like
Land, Capital, Machinery, Materials Etc.
Position / Structural power – the influence derived from one’s
formal or structural position.
It includes power to hire, fire, discipline, promote and reward.
Bureaucratic Power – Access to state’s legal and coercive
THE POWER BASE OF THE UNION
Skills and Services.
Political support – Affiliation with political parties.
Protective social policy.
Economic Conflict ---- Conflict of interest.
Judicial Conflict --------Conflict of rights.
The disputes arising out of the conflicts
involve some phase of employment relations.
The industrial Dispute has been extended to
include individual grievances and a clear
distinct procedure has been laid down for the
settlement of both the categories of the
Any dispute or difference between employers and
employers or between employers and workmen
or between workmen and workmen,
other then the
industrial Relations Laws enforced or any award
or settlement for the being enforced.
Only CBA or the employer can raise an industrial
dispute in the prescribed manner.
1. Dispute about employment non-employment, terms of
employment or the conditions of work of any person
(workman) not involving the enforcement of any right
guaranteed by law, Award of settlement in respect of
any of these matters.
2. Wage rates-terms of employment .
3. Allowances – terms of employment .
4. Bonus s-terms of employment.
5. Leaves-terms of employment.
6. Work-hours – terms of employment / conditions of
7. Provident fund-terms of employment.
8. Gratuity-terms of employment.
9. Medical facilities if not covered by social security
scheme-terms of employment.
10. Provision of transport facility-terms of employment.
11. Pension-terms of employment if not covered by EOBI
12. Grant of loans-terms of employment.
13. Group insurance-terms of employment.
14. Overtime rates over and above provided under the law-
terms of employment.
15. Provision of water cooler at the workplace – condition of
16. Provision of uniform shoes – conditions of work
17. Provision of light and arrangement for fresh air –
conditions of work.
18. Provision of the first aid facilities at the workplace –
conditions of work.
19. Policy for the promotion of workers – term of employment
but covered under section-23 of the IRO,1969.
20. Any other amenity or facility having rational connection
with the employment or physical conditions of work i.e.
conditions at the workplace, of the workers.
PHASE I - NEGOTIATIONS
PHASE II - CONILIATION
PHASE III - ARBITRATION
PHASE IV - STRIKE & LOCKOUT
PHASE V - ADJUDICATION
Section 42: Negotiations Relating to Differences
Section 43: Conciliator
Section 44: Notice of Strike or Lock-out
Section 45: Conciliation After Notice of Strike or
Section 46: Proceedings before Conciliator
Section 47: Arbitration
Section 48: Strike and Lock-out
Section 51: Raising of Industrial Dispute by a
Section 56: Settlement an awards on whom
Section 57: Effective date of
settlement, Award, etc.
Section 58: Commencement and Conclusion of
Section 60: Raising of Industrial Dispute
Section 61: Prohibition of Serving Notice of Strike
or Lock-out while proceedings pending
Section 62: Powers of Labor Court & Tribunal to
Prohibit Strike etc.
Section 63: Illegal Strikes and Lock-out
Section 64: Procedure in Case of illegal Strike or
Section 65: Condition of Service to remain
unchanged while proceedings
Section 66: Removal of Fixed Assets
Section 67: Protection of Certain Persons
Section 69: Interpretation of settlement and Awards
Section 73: Penalty for Committing breach of
Section 74: Penalty for failing to implement