{ "schema_version": "qanun-law-text/1", "id": "punjab-code-5cd3522dbd77ea6e", "title": "PUNJAB INDUSTRIAL RELATIONS ACT 2010", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/VmNUYAE1BzE-", "version": null, "source_snapshot": "2026-08-06T16:57:13Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "4c8fdadb3342dce1b9db5f4e69f1d6b98af90b79d011319ae3b0b08f1ca46268", "source_sha256": "4c8fdadb3342dce1b9db5f4e69f1d6b98af90b79d011319ae3b0b08f1ca46268", "text_version_id": "law:punjab-code-5cd3522dbd77ea6e:sha256:4c8fdadb3342dce1b9db5f4e69f1d6b98af90b79d011319ae3b0b08f1ca46268", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB INDUSTRIAL RELATIONS ACT 2010 \r\n(XIX of 2010) \r\nCONTENTS \r\n1. Short title, extent, application and commencement \r\n2. Definitions \r\n3. Trade unions and freedom of association \r\n4. Application for registration \r\n5. Requirements for application \r\n6. Requirements for registration \r\n7. Disqualification for being an office-bearer of a trade union \r\n8. Registered trade union to maintain register \r\n9. Registration \r\n10. Transfer of office-bearer of trade union during penden cy of application \r\nfor registration \r\n11. Certificate of registration \r\n12. Cancellation of registration \r\n13. Appeal against cancellation \r\n14. Registrar of trade unions \r\n15. Powers and functions of Registrar \r\n16. Incorporation of registered trade union \r\n17. Unfair labour practices on the part of employers \r\n18. Unfair labour practices on the part of workmen \r\n19. Law of conspiracy limited in application \r\n20. Immunity from civil suit in certain cases \r\n21. Enforceability of agreement \r\n22. Registration of federation of trade unions and confederation \r\n23. Returns \r\n24. Collective bargaining agent \r\n25. Determination of collective bargaining unit \r\n26. Appeals \r\n27. Check off \r\n28. Shop steward to act as link between labour and management \r\n29. Workers management council \r\n30. Inspector \r\n31. Penalty for obstructing inspector \r\n32. Penalty for contravening section 29 \r\n33. Redress of individual grievances \r\n34. Negotiations relating to differences and disputes \r\n35. Conciliator \r\n36. Notice of strike or lock-out \r\n37. Conciliation after notice of strike or lock-out \r\n38. Proceedings before conciliator \r\n39. Arbitration \r\n40. Strike and lock-out \r\n41. Strike or lock-out in public utility services \r\n42. Application to Labour Court \r\n43. Raising of industrial dispute by federation \r\n44. Labour Court \r\n45. Procedure and powers of Labour Court \r\n46. Awards and decisions of Labour court \r\n47. Labour Appellate Tribunal \r\n48. Settlements and awards on whom binding \r\n49. Effective date of settlement or award \r\n50. Commencement and conclusion of proceedings \r\n51. Certain matters to be kept confidential \r\n52. Raising or industrial disputes \r\n53. Prohibition on serving notice of strike or lock -out while proceedings are \r\npending \r\n54. Powers of Labour Court and Tribunal to prohibit strike \r\n55. Illegal strike or lock-out \r\n56. Procedure in case of illegal strike or lock-out \r\n57. Conditions of service to remain unchanged while proceedings are \r\npending \r\n58. Removal of fixed assets \r\n59. Protection of certain persons \r\n60. Representation of parties \r\n61. Interpretation of settlement and awards \r\n62. Recovery of money due from an employer under settlement or award \r\n63. Performance of functions pending ascertainment of collective \r\nbargaining agent \r\n64. Penalty for unfair labour practices \r\n65. Penalty for committing breach of settlement \r\n66. Penalty for failing to implement settlement \r\n67. Penalty for false statement \r\n68. Penalty for discharging office -bearer of tr ade union in certain \r\ncircumstances \r\n69. Penalty for embezzlement of misappropriation of funds \r\n70. Penalty for other offences \r\n71. Offence to be non-cognizable \r\n72. Offences by corporation \r\n73. Trial of offences \r\n74. Indemnity \r\n75. Officers to be public servants \r\n76. Limitation \r\n77. Powers of make rules \r\n78. Provision of certified copies \r\n79. Repeal and savings \r\n80. Transfer of cases from National Industrial Relations Commission \r\n81. Removal of difficulties \r\n82. Repeal \r\nSCHEDULE \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB INDUSTRIAL RELATIONS ACT 2010 \r\n(XIX of 2010) \r\n[9th December, 2010] \r\nAn \r\nAct \r\nto regulate formation of trade unions, regulation and improvement of relations \r\nbetween employers and workmen. \r\nPreamble.– Whereas it is expedient to regulate formation of trade unions and trade \r\nunion activities, relations between employers and workmen and the avoidance and \r\nsettlement of any differences or disputes arising between them and ancillary matters; \r\n It is enacted as follows:– \r\n1. Short title, extent, application and commencement .– (1) This Act may be \r\ncited as the Punjab Industrial Relations Act 2010. \r\n (2) It extends to the whole of the Punjab. \r\n (3) It shall apply to all persons employed in any establishment or industry, \r\nbut shall not apply to any person employed– \r\n(a) in the Police or any of the Defence Services of Pakistan or any \r\nservices or installations exclusively connected with or incidental to the \r\nArmed Forces of Pakistan including an ordnance factory maintained by \r\nthe Federal Government; \r\n(b) in the administration of the State other than those employed as \r\nworkmen by the Railway and Pakistan Post; \r\n(c) as a member of the security sta ff of the Pakistan International Airlines \r\nCorporation, or drawing wages in pay group, not lower than group V, in \r\nthe establishment of that Corporation as the Government may, in the \r\npublic interest or in the interest of security of the Airlines, by notifica tion \r\nin the official Gazette, specify in this behalf; \r\n(d) by the Pakistan Security Printing Corporation or the Security Papers \r\nLimited; \r\n(e) by an establishment or institution for the treatment or care of sick, infirm, \r\ndestitute or mentally unfit persons ex cluding those run on commercial \r\nbasis; \r\n(f) as a member of the watch and ward, security or fire service staff of an \r\noil refinery or an airport; \r\n \r\n1The Act was passed by the Punj ab Assembly on 8 December, 2010; assented to by the Governor of Punjab on 9 December, \r\n2010 and published in the Punjab Gazette (Extraordinary), dated 9 December, 2010, pages 1741-1767. \r\n(g) as a member of the security or fire service staff of an establishment \r\nengaged in the production, transmission or distribution of natural gas or \r\nliquefied petroleum gas; and \r\n(h) in an establishment or institution providing education or emergency \r\nservices excluding those run on commercial basis. \r\n (4) It shall come into force at once. \r\n2. Definitions.– In this Act– \r\n(i) “Arbitrator” means a person appointed as an Arbitrator under the Act; \r\n(ii) “award” means the determination by a Labour Court, Arbitrator or \r\nTribunal of any industrial dispute or any matter relating thereto and \r\nincludes an interim award; \r\n(iii) “collective bargaining agent” in relation to an establishment or group of \r\nestablishments or industry, means the trade union of the workmen \r\nwhich under section 24 is the agent of workmen in the establishment or \r\ngroup of establishments or industry, in the matter of co llective \r\nbargaining; \r\n(iv) “collective bargaining unit” means those workers or class of workers of \r\nan employer in one or more establishments falling within the same \r\nclass of industry whose terms and conditions of employment are, or \r\ncould appropriately be, the subject of collective bargaining together; \r\n(v) “conciliation proceedings” means any proceedings before a conciliator; \r\n(vi) “conciliator” means a person appointed as conciliator under section 35; \r\n(vii) “Council” means the Workers Management Council set up under section \r\n29; \r\n(viii) “employer” in relation to an establishment, means any person or body \r\nof persons, whether incorporated or not, who or which employs \r\nworkmen in the establishment under a contract of employment and \r\nincludes– \r\n(a) an heir, successor or assignee of such person or body; \r\n(b) any person responsible for the management, supervision and \r\ncontrol of the establishment; \r\n(c) in relation to an establishment run by or under the authority of \r\nany department of the Federal Government or the Government, \r\nthe authority appointed in this behalf or, where no authority is so \r\nappointed, the head of the department; \r\n(d) in relation to an establishment run by or on behalf of a local \r\nauthority, the officer appointed in this behalf, or where no officer \r\nis so appointed, the chief executive officer of that authority; \r\nExplanation.– For the purpose of distinction from the category of “workers” or \r\n“workmen”, officers and employees of a department of the Federal \r\nGovernment or the Government or local authority who belong t o the superior, \r\nmanagerial, secretarial, directorial, supervisory or agency staff and who have \r\nbeen notified for this purpose in the official Gazette shall be deemed to fall \r\nwithin the category of “employers”; and \r\n(e) in relation to any other establishment , the proprietor of such \r\nestablishment and every director, manager, secretary, agent or \r\nofficer or person concerned with the management of the affairs \r\nthereof; \r\n(ix) “establishment” means any office, firm, factory, society, undertaking, \r\ncompany, shop, premi ses or enterprise in the Punjab, which employs \r\nworkmen directly or through a contractor for the purpose of carrying on \r\nany business or industry and includes all its departments and \r\nbranches, whether situated in the same place or in different places \r\nhaving a common balance sheet and except in section 25 includes a \r\ncollective bargaining unit, if any, constituted in any establishment or \r\ngroup of establishments; \r\n(x) “executive” means the body, by whatever name called, to which the \r\nmanagement of the affairs of a trade union is entrusted by its \r\nconstitution; \r\n(xi) “Government” means the Government of the Punjab; \r\n(xii) “group of establishments” means establishments belonging to the \r\nsame employer and the same industry; \r\n(xiii) “illegal lock-out” means a lock -out declared, commenced or continued \r\notherwise than in accordance with the provisions of the Act; \r\n(xiv) “illegal strike” means a strike declared, commenced or continued \r\notherwise than in accordance with the provisions of the Act; \r\n(xv) “industrial dispute” means any dispute or difference between \r\nemployers and employers or between employers and workmen or \r\nbetween workmen and workmen which is connected with the \r\nemployment or non -employment or the terms of employment or the \r\nconditions of work of any person, and is n ot in respect of the \r\nenforcement of such right guaranteed or accrued to him by or under \r\nany law other than the Act, or any award or settlement for the time \r\nbeing in force; \r\n(xvi) “industry” means any business, trade, manufacture, calling, service, \r\nemployment or occupation of producing goods or services for sale \r\nexcluding those set up for charitable purposes; \r\n(xvii) “inspector” means an inspector appointed under the Act; \r\n(xviii) “Labour Court” means a Labour Court established under section 44; \r\n(xix) “lock-out” means the closing of place of employment or part of such \r\nplace, or the suspension, wholly or partly, of work by an employer, or \r\nrefusal, absolute or conditional, by an employer to continue to employ \r\nany number of workmen employed by him, where such c losing, \r\nsuspension or refusal occurs in connection with an industrial dispute or \r\nis intended for the purpose of compelling workmen employed to accept \r\ncertain terms and conditions of or affecting employment; \r\n(xx) “office-bearer” in relation to a trade unio n, means any member of the \r\nexecutive thereof but does not include an auditor or legal adviser; \r\n(xxi) “organization” means any organization of workers or of employers for \r\nfurthering and defending the interests of workers or of employers; \r\n(xxii) “prescribed” means prescribed by rules; \r\n(xxiii) “public utility service” means any of the services specified in the \r\nSchedule; \r\n(xxiv) “registered trade union” means a trade union registered under the Act; \r\n(xxv) “Registrar” means a Registrar appointed under section 14; \r\n(xxvi) “rules” mean the rules made under the Act; \r\n(xxvii) “settlement” means a settlement arrived at in the course of conciliation \r\nproceeding, and includes an agreement between an employer and his \r\nworkmen arrived at otherwise than in the course of an y conciliation \r\nproceeding, where such agreement is in writing, has been signed by \r\nthe parties thereto in such manner as may be prescribed and a copy \r\nthereof has been sent to the Government, the conciliator and such \r\nother person as may be prescribed; \r\n(xxviii) “strike” means a cessation of work by a body of persons employed in \r\nany establishment acting in combination or a concerted refusal, or \r\nrefusal under a common understanding of any number of persons who \r\nare or have been so employed to continue to work or to accept \r\nemployment; \r\n(xxix) “trade union” means any combination of workmen or employers formed \r\nprimarily for the purpose of regulating the relations between workmen \r\nand employers, or workmen and workmen or employers and \r\nemployers, or for imposing restri ctive conditions on the conduct of any \r\ntrade or business and includes a federation of two or more trade unions \r\nand a confederation of two or more federations; \r\n(xxx) “Tribunal” means a Labour Appellate Tribunal constituted under section \r\n47; and \r\n(xxxi) “worker” and “workman” mean a person not falling within the definition \r\nof employer who is employed (including employment as a supervisor or \r\nas an apprentice) in an establishment or industry for hire or reward \r\neither directly or through a contractor whether the terms of employment \r\nbe express or implied, and, for the purpose of any proceedings under \r\nthe Act in relation to an industrial dispute includes a person who has \r\nbeen dismissed, discharged, retrenched, laid -off or otherwise removed \r\nfrom employment in connect ion with or as a consequence of that \r\ndispute or whose dismissal, discharge, retrenchment, lay -off, or \r\nremoval has led to that dispute but does not include any person who is \r\nemployed mainly in managerial or administrative capacity. \r\n3. Trade unions and freedom of association.– Subject to the provisions of this \r\nAct and notwithstanding any other law: \r\n2\r\n[(i) workers of an establishment may form and, subject to the rules of the \r\norganization, may join associations of their own choice without \r\nprevious authorization;] \r\n(ii) a worker shall not be entitled to be a member of more than one trade \r\nunions at any one time and on joining another trade union, his earlier \r\nmembership of the other trade union shall stand cancelled; \r\n(iii) employers may establish and, subject to the rules of the organization, \r\nmay join associations of their own choice without previous \r\nauthorization; \r\n(iv) every trade union and employers association shall frame its own \r\nconstitution and rules to elect its representatives in full freedom to \r\norganize its ad ministration and activities and to formulate its \r\nprogrammes; and \r\n(v) workers‟ or employers‟ organizations may establish and join \r\nfederations and confederations and any such organization, federation \r\nor confederation may affiliate with international organiza tions and \r\nconfederations of workers‟ or employers‟ organizations. \r\n4. Application for registration .– Any trade union may, under the signatures of \r\nits president and secretary, apply to the Registrar for registration of the trade union \r\nunder this Act. \r\n5. Requirements for application .– Every application for registration of trade \r\nunion shall be made to the Registrar and shall be accompanied by– \r\n(a) a statement showing– \r\n(i) the name of the trade union and the address of its head office; \r\n(ii) date of formation of the trade union; \r\n(iii) the titles, names, ages, addresses and occupations of the office-\r\nbearers of the trade union; \r\n(iv) statement of total paid membership; \r\n(v) the name of the establishment or group of establishments, or the \r\nindustry to which the trade u nion relates along with a statement \r\nof the total number of workers employed therein; \r\n(vi) the names and addresses of the registered trade unions in the \r\nestablishment or group of establishments or industry to which \r\nthe trade union relates; \r\n(vii) in case of a federation of trade unions, the names, addresses \r\nand registration numbers of member trade unions; and \r\n(viii) in case of a confederation of federations, the names, addresses \r\nand registration numbers of member-federations; \r\n \r\n2Substituted by the Punjab Industrial Relations (Amendment) Act 2014 (XII of 2014) , published in the Punjab Gazette \r\n(Extraordinary), dated: 29 May 2014, pp. 3945-3946, s.2. \r\n(b) three copies of the constitut ion of the trade union together with a copy \r\nof the resolution by the members of the trade union adopting such \r\nconstitution bearing the signature of the chairman of the meeting; \r\n(c) a copy of the resolution by the members of the trade union authorizing \r\nits president and the secretary to apply for its registration; \r\n(d) in case of a federation of trade unions, a copy of the resolution from \r\neach of the constituent trade union agreeing to become a member of the \r\nfederation; and \r\n(e) in case of a confederation of f ederations, a copy of the resolution from \r\neach of the constituent federation agreeing to become a member of the \r\nconfederation. \r\n6. Requirements for registration.– (1) A trade union shall not be entitled to \r\nregistration under this Act unless the constitution thereof provide for the following matters– \r\n(a) the name and address of the trade union; \r\n(b) the objects for which the trade union has been formed; \r\n(c) the purposes for which the general funds of the union shall be utilized; \r\n(d) the number of persons formi ng the executive which shall not exceed \r\nthe prescribed limit and shall include not less than eighty percent from \r\namongst the workmen actually engaged or employed in the \r\nestablishment or group of establishments or the industry for which the \r\ntrade union has been formed; \r\n(e) the conditions under which a member shall be entitled to any benefit \r\nassured by the constitution of the trade union and under which any fine \r\nor forfeiture may be imposed on him; \r\n(f) the maintenance of a list of the members of the trade uni on and of \r\nadequate facilities for the inspection thereof by the office -bearers and \r\nmembers of the trade union; \r\n(g) the manner in which the constitution shall be amended, varied or \r\nrescinded; \r\n(h) the safe custody of the funds of the trade union, its annual audit, the \r\nmanner of audit and adequate facilities for inspection of the account \r\nbooks by the office-bearers and members of the trade union; \r\n(i) the manner in which the trade union may be dissolved; \r\n(j) the manner of election of office -bearers by the gener al body of the \r\ntrade union and the term, not exceeding two years, for which an office -\r\nbearer may hold office upon his election or re-election; \r\n(k) the procedure for expressing no confidence in any office -bearer of the \r\ntrade union; and \r\n(l) the meeting of the executive and of the general body of the trade union \r\nso that the executive shall meet at least once in every three months \r\nand the general body at least once in a year. \r\n (2) Without prejudice to the provisions of sub -section (1), a trade union of \r\nworkmen shall not be entitled to registration under the Act– \r\n(a) unless all its members are workmen actually engaged or employed in \r\nthe establishment or group of establishments or industry with which the \r\ntrade union is connected; \r\n3\r\n[*] \r\n(b) where there are two or mo re registered trade unions in the \r\nestablishment, group of establishments or industry with which the trade \r\nunion is connected, unless it has as its members not less than one -fifth \r\nof the total number of workmen employed in such establishment, grou p \r\nof establishments or industry \r\n4\r\n[;and] \r\n5\r\n[(c) If women are employed as workers in the establishment, group of \r\nestablishments or industry with which the trade union is connected, \r\nunless it has included the female workers in the executive body, not \r\nbeing less than the proportion of their numerical strength in the work \r\nforce of the establishment, group of establishments or industry.] \r\n7. Disqualification for being an office-bearer of a trade union .– \r\nNotwithstanding anything contained in the constitution or rules of a tra de union, a \r\nperson who has been convicted of offence under section 69 or heinous offence \r\nunder the Pakistan Penal Code 1860 (XLV of 1860) shall be disqualified from being \r\nelected as, or from being, an office-bearer of a trade union. \r\n8. Registered trade union to maintain register .– Every registered trade union \r\nshall maintain in such form as may be prescribed: \r\n(a) a register of members showing particulars of subscriptions paid by each \r\nmember; \r\n(b) an accounts book showing receipts and expenditure; and \r\n(c) a minute book for recording the proceedings of meetings. \r\n9. Registration.– (1) The Registrar, on being satisfied that the trade union has \r\ncomplied with all the requirements of this Act, shall register the trade union in a \r\nprescribed register and issue a regist ration certificate in the prescribed form within a \r\nperiod of fifteen days from the date of receipt of the application. \r\n (2) In case the application is found by the Registrar to be deficient in a \r\nmaterial respect, he shall communicate in writing his object ions to the trade union \r\nwithin a period of fifteen days from the receipt of the application and the trade union \r\nshall reply thereto within a period of fifteen days from the receipt of the objections. \r\n (3) When the objections raised by the Registrar have be en satisfactorily \r\nmet, the Registrar shall register the trade union as provided in sub -section (1) and \r\n \r\n3The word “and” was o mitted by the Punjab Fair Representation of Women Act 2014 (IV of 2014), published in the Punjab \r\nGazette (Extraordinary), dated: 12 March 2014, pp. 2733-2744, s.2 read with the Schedule, item 55. \r\n4Substituted for the “full-stop” by the Punjab Fair Representation of Women Act 2014 (IV of 2014), published in the Punjab \r\nGazette (Extraordinary), dated: 12 March 2014, pp. 2733-2744, s.2 read with the Schedule, item 55. \r\n5Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014), published in the Punjab Gazette (Extraordinary), \r\ndated: 12 March 2014, pp. 2733-2744, s.2 read with the Schedule, item 55. \r\nissue a certificate of registration in the prescribed form within fifteen days of the date \r\nof the communication of reply of objections. \r\n (4) In case of further delay, the Registrar may register the applicant trade \r\nunion provisionally till further orders. \r\n (5) In case the replies to the objections of the Registrar are not \r\nsatisfactory, the Registrar may reject the application. \r\n (6) In case the application has been rejected or the Registrar has delayed \r\ndisposal of the application beyond the period of fifteen days provided in the above \r\nsub-sections or has not issued a certificate of registration within such period or has \r\nnot registered the applicant trade un ion provisionally, the trade union may file an \r\nappeal in the Labour Court which may, for reasons to be stated in its judgment, pass \r\nan order directing the Registrar to register the trade union and to issue a certificate \r\nof registration or may dismiss the appeal. \r\n (7) Notwithstanding anything contained in any other provision of the Act, \r\nevery alteration or change made in the constitution of a registered trade union and \r\nevery proceedings of election of its office -bearers or change of its office -bearers or \r\notherwise, the trade union shall, by registered post, notify to the Registrar within \r\nfifteen days of such election or change for the approval of the Registrar. \r\n (8) The Registrar may refuse to register such election of office -bearers or \r\nchange of office -bearers or alteration or change made in the constitution, if it is in \r\ncontravention of any of the provisions of the Act, or if it is in violation of the \r\nconstitution of the trade union. \r\n (9) Subject to the provision of sub -section (8), every inclusion or exclus ion \r\nof any constituent unit of a federation of trade unions or confederation of federations, \r\nthe federation or confederation shall, by registered post, notify to the Registrar within \r\nfifteen days of such inclusion or exclusion. \r\n (10) In case there is a dispute in relation to the election of the office -bearers \r\nor change of office-bearers or alteration made in the constitution of a trade union, the \r\nRegistrar or any trade union aggrieved by the refusal of the Registrar, any office -\r\nbearer or member of the trade union may \r\n6\r\n[apply or appeal to the Labour Court which \r\nshall within seven days of the receipt of the application or appeal ], pass an order \r\neither directing the Registrar to register the change or alteration in the constitution or \r\nin the office-bearers of the trade union or may, for reasons to be recorded in writing, \r\ndirect the Registrar to hold fresh elections of the trade union under his supervision. \r\n10. Transfer of office-bearer of trade union during pendency of application \r\nfor registration.– Save with the prior permission of the Registrar, no office-bearer of \r\na trade union of workmen shall be transferred, discharged, dismissed or otherwise \r\npunished during the pendency of an application for registration of the trade union \r\nwith the Registrar; provided that the trade union has notified the names of its office -\r\nbearers to the employer in writing. \r\n11. Certificate of registration .– The Registrar, on registering a trade union \r\nunder section 9, shall issue a certificate of registration in the prescribed form which \r\n \r\n6Substituted for the words “file an appeal to the Labour Court, which shall within seven days of the rece ipt of the appeal” by the \r\nPunjab Industrial Relations (Amendment) Act 2014 (XII of 2014), published in the Punjab Gazette (Extraordinary), dated: 29 \r\nMay 2014, pp. 3945-3946, s.3. \r\nshall be conclusive evidence that trade union has been duly registered under this \r\nAct. \r\n12. Cancellation of registration .– (1) The registration of a trade union shall be \r\ncancelled, if the Labour Court so directs upon a complaint in writing made by the \r\nRegistrar that the trade union has– \r\n(a) contravened or has been registered in contravention of any of the \r\nprovisions of this Act or the rules; \r\n(b) contravened any of the provisions of its constitution; or \r\n(c) made in its constitution any provision which is incon sistent with the Act \r\nor the rules. \r\n (2) Where any person who is disqualified under section 7 from being \r\nelected as, or from being, an office -bearer of a trade union is elected as an office -\r\nbearer of a registered trade union, the registration of that trade union shall be \r\ncancelled if the Labour Court, upon a complaint in writing made in this behalf by the \r\nRegistrar, so directs. \r\n (3) The registration of a trade union shall be cancelled by the Registrar, by \r\ngiving reasons for such cancellation in writing, if, after holding an inquiry, he finds \r\nthat any trade union– \r\n(a) has dissolved itself or has ceased to exist; or \r\n(b) has not been a contestant in a referendum for the determination of a \r\ncollective bargaining agent; or \r\n(c) has not applied for determination of c ollective bargaining agent under \r\nsection 24 (2) within two months of its registration as another trade \r\nunion or from the commencement of the Act, whichever is earlier, \r\nprovided there does not already exist a collective bargaining age nt \r\ndetermined under section 24 (\r\n7\r\n[12]) (e) in an establishment, or group of \r\nestablishments or industry; or \r\n(d) has secured less than fifteen percent of polled votes as per final list of \r\nvoters, during two consecutive referendums for the determination of \r\ncollective bargaining agent. \r\n13. Appeal against cancellation .– Any trade union aggrieved by an order \r\npassed– \r\n(a) by the Labour Court under sub -section (1) or sub-section (2) of section \r\n12 may prefer an appeal to the Tribunal within thirty days of the \r\npassing of the such order; or \r\n(b) by the Registrar under sub -section (3) of section 12 may prefer an \r\nappeal to the Labour Court within thirty days of the passing of the said \r\norder. \r\n \r\n7Substituted for the figure “9” by the Punjab Industrial Relations (Amendment ) Act 2014 (XII of 2014), published in the Punjab \r\nGazette (Extraordinary), dated: 29 May 2014, pp. 3945-3946, s.4. \r\n14. Registrar of trade unions .– For the purpose of this Act, the Government \r\nshall, by notification in the official Gazette, appoint as many persons as it considers \r\nnecessary to be the Registrars and, where it appoints more than one Registrars, \r\nshall specify in the notification the area within which each one of them shall exercise \r\nand perform the powers and functions under the Act. \r\n15. Powers and functions of Registrar .– (1) The Registrar shall have the \r\nfollowing powers and functions– \r\n(a) the registration of trade unions under this Act and the maintenance of a \r\nregister for the purpose; \r\n(b) to lodge, or authoriz e any person to lodge, complaints with the Labour \r\nCourt for action, including prosecution, against trade unions, \r\nemployers, workers or other persons for any alleged offence or any \r\nunfair labour practice or violation of any provision of the Act or for \r\nexpending the funds of a trade union in contravention of the provisions \r\nof its constitution; \r\n(c) the determination of the question as to which one of the trade unions in \r\nan establishment or group of establishments or an industry is entitled to \r\nbe certified as t he collective bargaining agent in relation to that \r\nestablishment or group of establishments or industry; \r\n(d) to inspect the accounts and record of the registered trade unions, or \r\ninvestigate or hold such inquiry in the affairs of the trade unions as he \r\ndeems fit either by himself or through any officer subordinate to him \r\nand to authorize him in writing in this behalf; and \r\n(e) such other powers and functions as may be prescribed. \r\n (2) The Government may, by general or special order, authorize a \r\nRegistrar to exercise the following powers– \r\n(a) registration of industry -wise trade unions, federations of such trade \r\nunions and federations at the provincial level; \r\n(b) registration of trade unions within the collective bargaining units; \r\n(c) determination of collective bargaining agent from amongst the industry-\r\nwise trade unions, federations of such trade unions or federations at \r\nthe provincial level; and \r\n(d) determination of collective bargaining agent from amongst the trade \r\nunions registered within a collective bargaining unit. \r\n16. Incorporation of registered trade union.– (1) Every registered trade union \r\nshall be a body corporate by the name under which it is registered, shall have \r\nperpetual succession and a common seal and the power to contract and to acquire, \r\nhold and dispose of property, both movable and immovable, and shall , by the said \r\nname, sue or be sued. \r\n (2) The Societies Registration Act, 1860 (XXI of 1860), the Cooperative \r\nSocieties Act, 1925 (VII of 1925) and the Companies Ordinance, 1984 (XLVII of \r\n1984), shall not apply to any registered trade union and the registration of any trade \r\nunion under any of these laws shall be void. \r\n17. Unfair labour practices on the part of employers .– (1) No employer or \r\ntrade union of employers and no person acting on behalf of either shall– \r\n(a) impose any condition in a contract of employment seeking to restrain \r\nthe right of a person who is a party to such contract to join a trade \r\nunion or continue his membership of a trade union; \r\n(b) refuse to employ or refuse to continue to employ any person on the \r\nground that such person is, or is not a member or office -bearer of a \r\ntrade union; \r\n(c) discriminate against any person in regard to any employment, \r\npromotion, condition of employment or working condition on the ground \r\nthat such pers on is, or is not, a member or office -bearer of a trade \r\nunion; \r\n(d) dismiss, discharge, remove from employment or transfer or threaten to \r\ndismiss, discharge or remove from employment or transfer a workman \r\nor injure or threaten to injure him in respect of his employment by \r\nreason that the workman– \r\n(i) is or proposes to become, or seeks to persuade any other \r\nperson to become, a member or office -bearer of a trade union; \r\nor \r\n(ii) participates in the promotion, formation or activities of a trade \r\nunion; \r\n(e) induce a ny person to refrain from becoming, or to cease to be a \r\nmember or office -bearer of a trade union, by conferring or offering to \r\nconfer any advantage on, or by procuring or offering to procure any \r\nadvantage for such person or any other person; \r\n(f) compel or attempt to compel any office -bearer of the collective \r\nbargaining agent to arrive at a settlement by using intimidation, \r\ncoercion, pressure, threat, confinement to a place, physical injury, \r\ndisconnection of water, power and telephone facilities and such oth er \r\nmethods; \r\n(g) interfere with or in any way influence the balloting provided for in \r\nsection 24; \r\n(h) recruit any new workman during the period of a notice of strike under \r\nsection 36 or during the currency of a strike which is not illegal except \r\nwhere the c onciliator having been satisfied that complete cessation of \r\nwork is likely to cause serious damage to the machinery or installation, \r\nhas permitted temporary employment of a limited number of workmen \r\nin the section where the damage is likely to occur; \r\n(i) close down the whole of the establishment in contravention of Standing \r\nOrder 11 -A of the Industrial and Commercial Employment (Standing \r\nOrders) Ordinance, 1968 (VI of 1968); or \r\n(j) commence, continue, instigate or incite others to take part in, or \r\nexpend or supply money or otherwise act in furtherance or support of, \r\nan illegal lock-out. \r\n (2) Nothing in sub -section (1) shall be deemed to preclude an employer \r\nfrom requiring that a person upon his appointment or promotion to managerial \r\nposition shall cease to b e, and shall be disqualified from being, a member or office -\r\nbearer of a trade union of workmen. \r\n18. Unfair labour practices on the part of workmen .– (1) No workman or other \r\nperson or trade union of workmen shall– \r\n(a) persuade a workman to join or refrain f rom joining a trade union during \r\nworking hours; \r\n(b) intimidate any person to become, or refrain from becoming, or to \r\ncontinue to be, or to cease to be a member or office -bearer of a trade \r\nunion; \r\n(c) induce any person to refrain from becoming, or cease to b e a member \r\nor office -bearer of a trade union, by intimidating or conferring or \r\noffering to confer any advantage on, or by procuring or offering to \r\nprocure any advantage for such person or any other person; \r\n(d) compel or attempt to compel the employer to ac cept any demand by \r\nusing intimidation, coercion, pressure, threat, confinement to, or ouster \r\nfrom a place, dispossession, assault, physical injury, disconnection of \r\ntelephone, water or power facilities or such other methods; or \r\n(e) commence, continue, inst igate or incite others to take part in, or \r\nexpend or supply money or otherwise act in furtherance or support of, \r\nan illegal strike or a go-slow. \r\nExplanation.– In clause (e) the expression „go-slow‟ means an organized, deliberate \r\nand purposeful slowing down of normal output, or the deterioration of the normal \r\nquality of work by a body of workmen acting in a concerted manner, but does not \r\ninclude the slowing down of normal output, or the deterioration of the normal quality \r\nof work which is due to mechanical d efect, breakdown of machinery, failure or defect \r\nin power supply or in the supply of normal materials and spare parts of machinery. \r\n (2) It shall be an unfair practice for a trade union to interfere with a ballot \r\nheld under section 24 by the exercise of undue influence, intimidation, impersonation \r\nor bribery through its executive or through any person acting on its behalf. \r\n19. Law of conspiracy limited in application .– No office-bearer or member of a \r\nregistered trade union or a collective bargaining agent a s certified by the Registrar \r\nshall be liable to punishment under sub -section (2) of section 120 -B of the Pakistan \r\nPenal Code 1860 (XLV of 1860), in respect of any agreement made between the \r\nmembers thereof for the purpose of furthering any such object of t he trade union as \r\nis specified in its constitution referred to in section 6, unless the agreement is an \r\nagreement to commit an offence, or otherwise violates any other law. \r\n20. Immunity from civil suit in certain cases .– (1) No suit or other legal \r\nproceedings shall be maintainable in any civil court against any registered trade \r\nunion or a collective bargaining agent or any office -bearer or member thereof in \r\nrespect of any action done in contemplation or furtherance of an industrial dispute to \r\nwhich the trade union is a party on the ground only that such act induces some other \r\nperson to break a contract of employment, or that it is an interference with the trade, \r\nbusiness or employment of some other person or with the right of some other person \r\nto dispose of his capital or of his labour. \r\n (2) A trade union shall not be liable in any suit or other legal proceedings \r\nin any civil court in respect of any tortuous act done in good faith in contemplation or \r\nfurtherance of an industrial dispute by an agent of the tra de union if it is proved that \r\nsuch person acted without the knowledge of, or contrary to express instructions \r\ngiven by the executive of the trade union. \r\n21. Enforceability of agreement.– (1) Notwithstanding anything contained in any \r\nother law, an agreement between the members of a trade union shall not be void or \r\nvoidable by reason only that any of the objects of the agreement are in restraint of \r\ntrade. \r\n (2) Nothing in this section shall enable any civil court to entertain any legal \r\nproceedings instituted f or the express purpose of enforcing, or recovering damages \r\nfor the breach of any agreement concerning the conditions on which any member of \r\na trade union shall or shall not sell his goods, transact business or work, employ or \r\nbe employed. \r\n22. Registration of federation of trade unions and confederation .– (1) Any \r\ntwo or more registered trade unions may, if their respective general bodies so \r\nresolve, constitute a federation by executing an instrument of federation and apply to \r\nthe Registrar for the registration of the federation. \r\n (2) Any two or more registered federations may, if their respective \r\nfederated trade unions so resolve, constitute a confederation by executing an \r\ninstrument of confederation and apply to the Registrar for the registration of the \r\nconfederation. \r\n (3) A trade union of workmen shall not join a Federation which comprises \r\na trade union of employers; nor shall a trade union of employers join a federation \r\nwhich comprises a trade union of workmen. \r\n (4) A federation of trade unions of workmen s hall not join a confederation \r\nwhich comprises a federation of employers; nor shall a federation of employers join a \r\nconfederation which comprises a federation of workmen. \r\n (5) An instrument of federation or confederation referred to in sub -section \r\n(1) and sub-section (2) shall, among other things, provide for the procedures to be \r\nfollowed by the federated trade unions and federations, the rights and responsibilities \r\nof the federation or confederation and the federated trade unions or federations. \r\n (6) An application for the registration of a federation of trade unions shall \r\nbe signed by the presidents of all the trade unions constituting the federation or by \r\nthe office-bearers of these trade unions respectively authorized by the trade unions \r\nin this behalf a nd shall be accompanied by three copies of the instrument of \r\nfederation referred to in sub-section (1). \r\n (7) An application for the registration of a confederation shall be signed by \r\nthe presidents of all the federations constituting the confederation or b y the office -\r\nbearers of these federations respectively authorized by the federations in this behalf \r\nand shall be accompanied by three copies of the instrument of confederation \r\nreferred to in sub-section (2). \r\n (8) Subject to this section, the provisions of the Act shall, so far as may be \r\nand with the necessary modifications, apply to a federation of trade unions and to a \r\nconfederation, as they apply to a trade union. \r\n23. Returns.– (1) A registered trade union shall annually send to the Registrar, \r\non or befor e such date as may be prescribed, a general statement, audited in the \r\nprescribed manner, of all receipts and expenditure of the trade union during the year \r\nending on the 31st day of December, next preceding such prescribed date, and of the \r\nassets and liabi lities of the trade union existing on such 31 st day of December, as \r\nmay be prescribed. \r\n (2) Together with the general statement there shall be sent to the Registrar \r\na statement showing all changes of office -bearers made by the trade union during \r\nthe year t o which the general statement refers, together also with statement of the \r\ntotal paid membership and a copy of the constitution of the trade union corrected up \r\nto the date of the dispatch thereof to the Registrar. \r\n (3) A copy of every alteration made in the constitution of a registered trade \r\nunion and of a resolution of the general body having the effect of a provision of the \r\nconstitution, shall be sent to the Registrar within fifteen days of the making of the \r\nalteration or adoption of the resolution. \r\n (4) In case the registered trade union is member of a federation, the name \r\nof the federation shall be given in the annual statement. \r\n (5) In case the registered federation is member of a confederation, the \r\nname of the confederation shall be given in the annual statement. \r\n24. Collective bargaining agent .– (1) Where there is only one registered trade \r\nunion in an establishment or a group of establishments or industry, that trade union \r\nshall if it has as its members not less than one -third of the total number of wor kmen \r\nemployed in such establishment or group of establishments, or industry upon an \r\napplication made in this behalf be certified by the Registrar in the prescribed manner \r\nto be the collective bargaining agent for such establishment or group of \r\nestablishments or industry. \r\n (2) Where there are more than one registered trade unions in an \r\nestablishment or a group of establishments, or industry, the Registrar shall upon an \r\napplication made in this behalf by any such trade union which has as its members \r\nnot less than one -fifth of the total number of workmen employed in such \r\nestablishment or group of establishments or industry or by the employer or the \r\nGovernment, hold within fifteen days from the making of the application, a secret \r\nballot to determine as to which one of such trade unions shall be the collective \r\nbargaining agent for the establishment or group of establishments or industry. \r\n (3) The Registrar may, in the case of a large establishment having its \r\nbranches in more than one towns, hold the secret ballot within thirty days from the \r\nmaking of the application. \r\n (4) The Registrar shall not entertain any application under sub -section (2) \r\nin respect of an establishment or group of establishments, consisting of, or including, \r\na seasonal factory within the meaning of section 4 of the Factories Act, 1934 (XXV of \r\n1934), unless such application is made during the month in which the number of \r\nworkmen employed in such factory in a year is usually the maximum. \r\n (5) Upon receipt of an application under sub -section (2), t he Registrar \r\nshall, by notice in writing, call upon every registered trade union in the establishment \r\nor group of establishments or industry to which the application relates– \r\n(a) to indicate whether it desires to be a contestant in the secret ballot to \r\nbe held for determining the collective bargaining agent in relation to \r\nsuch establishment or group or industry; and \r\n(b) if it so desires, to submit to him within the time specified in the notice a list \r\nof its members showing, in respect of each member, his parentage, age, \r\nthe section or department and the place in which he is employed, his \r\nticket number and the date of his becoming a member and if union is a \r\nfederation of trade unions, a list of its affiliated trade unions together with a \r\nlist of members of each such trade union showing in respect of each such \r\nmember the said particulars. \r\n (6) Every employer shall– \r\n(a) on being so required by the Registrar, submit a list of all workmen \r\nemployed in the establishment or group of establishments or industry \r\nexcluding those whose period of employment in the establishment or \r\ngroup of establishments or industry is less than three months and \r\nshowing, in respect of each workman, his parentage, age, the section or \r\ndepartment and the place in which he is employed, his ticket number and \r\nthe date of his employment in the establishment or group of \r\nestablishments or industry; and \r\n(b) Provide such facilities for verification of the lists submitted by him and \r\nthe trade unions as the Registrar may require. \r\n (7) In computing the period of three months referred to in sub-section (6) in \r\nthe case of a workman employed in a seasonal factory within the meaning of section \r\n4 of the Factories Act, 1934 (XXV of 1934), the period during which he was \r\nemployed in that factory during the precedi ng season shall also be taken into \r\naccount. \r\n (8) The Registrar shall, after verification of the lists submitted by the trade \r\nunions, prepare a list of voters in which shall be included the name of every \r\nworkman whose period of employment as computed in acc ordance with sub-section \r\n(6), is not less than three months and who is a member of any of the contesting trade \r\nunions and shall, at least four days prior to the date fixed for the poll, send to each of \r\nthe contesting trade unions a certified copy of the list of voters so prepared. \r\n (9) Every workman who is a member of any of the contesting trade unions \r\nand whose name appears in the list of voters prepared under sub-section (8) shall be \r\nentitled to vote at the poll to determine the collective bargaining agent. \r\n (10) Every employer shall provide all such facilities in his establishment as \r\nmay be required by the Registrar for the conduct of the poll but shall not interfere \r\nwith, or in any way influence, the voting. \r\n (11) No person shall canvass for vote within a radius of fifty meters of the \r\npolling station. \r\n (12) For the purpose of holding secret ballot to determine the collective \r\nbargaining agent, the Registrar shall– \r\n(a) fix the date for the poll and intimate the same to each of the contesting \r\ntrade unions and also to every employer; \r\n(b) on the date fixed for the poll, place ballot boxes in the polling station \r\nset up for the purpose, seal the ballot boxes in the presence of the \r\nrepresentatives of the contesting trade unions; \r\n(c) conduct the poll at the pollin g station at which the representatives of \r\nthe contesting trade unions shall have the right to be present; \r\n(d) after the conclusion of the poll and in the presence of such of the \r\nrepresentatives of the contesting trade unions, as may be present, \r\nopen the ballot boxes and count the votes; and \r\n(e) after the conclusion of the count, certify the trade union which has \r\nreceived the highest number of votes to be the collective bargaining \r\nagent. \r\n (13) A trade union shall not be certified to be the collective bargain ing agent \r\nfor an establishment or group of establishments or industry unless the number of \r\nvotes received by it is not less than one -third of the total number of workmen \r\nemployed in such establishment or group or industry. \r\n (14) If no trade union secures such number of votes in the first poll, a run-off \r\npoll shall be held between the trade unions which secure the two highest numbers of \r\nvotes in the first poll and the trade union which secures a majority of the votes cast \r\nat the run -off poll shall be certifi ed in the prescribed manner to be the collective \r\nbargaining agent. \r\n (15) If the number of votes secured by two or more trade unions securing \r\nthe highest number of votes is equal, further poll shall be held between them until \r\none of them secures a majority of the votes cast at such further poll. \r\n (16) If no trade union indicates under clause (a) of sub -section (5) that it \r\ndesires to be a contestant in the secret ballot, the Registrar shall certify the trade \r\nunion which has made the application under sub -section (2) to be the collective \r\nbargaining agent. \r\n (17) A trade union shall be certified to be the collective bargaining agent for \r\nan establishment, or group of establishments or industry under sub -section (16) \r\nunless it has as its members not less than one -third of the total number of the \r\nworkmen employed in the establishment or group of establishments or industry. \r\n (18) Where a registered trade union has been certified under clause (e) of \r\nsub-section (12) to be the collective bargaining agent for an establis hment or group \r\nof establishments or industry, no application for the determination of the collective \r\nbargaining agent for such establishment or group of establishments or industry shall \r\nbe entertained within a period of two years from the date of such cert ification except \r\nwhere the registration of such a registered trade union is cancelled before the \r\nexpiration of the period. \r\n (19) A trade union, without prejudice to its own position, may apply for \r\nimpleadment as a party to any proceedings under this Act, c oncerning the federation \r\nof trade unions of which it is a member. \r\n (20) The collective bargaining agent in relation to an establishment or group \r\nof establishments or industry shall be entitled to– \r\n(a) undertake collective bargaining with the employer or em ployers on \r\nmatters connected with employment, non -employment, the terms of \r\nemployment or the conditions of work other than matters which relate \r\nto the enforcement of any right guaranteed or secured to it or any \r\nworkman by or under any law, other than the A ct, or any award or \r\nsettlement; \r\n(b) represent all or any of the workmen in any proceeding; \r\n(c) give notice of, and declare, a strike in accordance with the provisions of \r\nthe Act; and \r\n(d) nominate representatives of workmen on the board of trustees of any \r\nwelfare institutions or Provident Funds and of the workers participation \r\nfund established under the Companies Profits (Workers Participation) \r\nAct, 1968 (XII of 1968). \r\n (21) The Registrar may authorize in writing an officer to perform all or any of \r\nhis functions under this section. \r\n25. Determination of collective bargaining unit.– (1) Where the Tribunal, on an \r\napplication made in this behalf, by a trade union or a federation of trade unions, or \r\nan employer or on a reference made by the Government, after holdi ng such inquiry \r\nas it deems fit, is satisfied that for safeguarding the interest of the workmen \r\nemployed in an establishment or group of establishments belonging to the same \r\nemployer and the same industry, in relation to collective bargaining, it is necess ary, \r\njust and feasible to determine one or more collective bargaining units of such \r\nworkmen in such establishment or group, it may, having regard to the distribution of \r\nworkers, existing boundaries of the components of such establishment, or group, \r\nfacilities of communication, general convenience, sameness or similarity of economic \r\nactivity and other cognate factors– \r\n(a) determine and certify one or more collective bargaining units in such \r\nestablishment or group; \r\n(b) specify the modifications which, in cons equence of the decision under \r\nthis section, shall take effect in regard to the registration of the trade \r\nunions and federations of trade unions affected by such decision and \r\ncertification of collective bargaining agents among such unions and \r\nfederations, n omination or election of shop stewards, and workers‟ \r\nrepresentatives for workers management council of the establishments, \r\nif any, affected by such decision; \r\n(c) specify the date or dates from and the period, for which all or any of \r\nsuch changes shall take effect but the date so specified shall not be a \r\ndate falling within the period of two years specified in sub -section (18) \r\nof section 24 in its application to a collective bargaining agent certified \r\nin respect of an establishment or group of establishments; \r\n(d) stop or prohibit the proceedings to determine collective bargaining \r\nagent under section 24 for any establishment or group of \r\nestablishments which is likely to be affected by a decision under this \r\nsection; and \r\n(e) take such measures or issue such dire ctions to a Registrar as may be \r\nnecessary to give effect to such modifications. \r\n (2) Where the Tribunal issues any directions to a Registrar under this \r\nsection, the Registrar shall comply with them within such period as the Tribunal may, \r\nfrom time to time determine. \r\n (3) After the certification of a collective bargaining unit, no trade union shall \r\nbe registered in respect of that unit except for the whole of such unit and no \r\ncertification or proceedings for determination of collective bargaining agent under \r\nsection 24 shall take place for a part of a collective bargaining unit or a group of \r\ncollective bargaining units. \r\n (4) An order of the Tribunal under this section shall have effect \r\nnotwithstanding anything to the contrary contained in this Act. \r\n26. Appeals.– (1) Notwithstanding anything contained in this Act or in any other \r\nlaw, any person aggrieved by an order determining a collective bargaining unit \r\npassed by the Tribunal, may within thirty days of such order prefer an appeal to the \r\nLahore High Court. \r\n (2) An appeal preferred to the Lahore High Court under sub -section (1) \r\nshall be disposed of by the High Court which shall have the power to confirm, set \r\naside, vary or modify such an order. \r\n27. Check off.– (1) If a collective bargaining agent so requests, t he employer of \r\nthe workmen who are members of a trade union shall deduct from the wages of the \r\nworkmen such amounts towards their subscription to the funds of the trade union as \r\nmay be specified, with the approval of each individual workman named in the \r\ndemand statement furnished by the trade union. \r\n (2) An employer making any deductions under sub -section (1) shall, within \r\nfifteen days of the end of the period for which the deductions have been made, \r\ndeposit the entire amount so deducted by him in the accou nt of the trade union on \r\nwhose behalf he has made the deductions. \r\n (3) A collective bargaining agent shall maintain with a branch of the \r\nNational Bank of Pakistan or the Bank of Punjab or a Post Office or a Savings Bank, \r\nan account to which shall be credit ed the entire amount deducted by the employer \r\nunder sub-section (1) from the wages of the workmen. \r\n (4) The employer shall provide facilities to the collective bargaining agent \r\nfor ascertaining whether deductions from the wages of the workmen are being mad e \r\nunder sub-section (1). \r\n28. Shop steward to act as link between labour and management .– (1) In \r\nevery establishment in which fifty or more workmen are employed, shop stewards, \r\nfrom amongst the workmen in a shop, section or department of the establishment, \r\nshall– \r\n(a) where there is a collective bargaining agent in the establishment, be \r\nnominated by it, or \r\n(b) where there is no collective bargaining agent in the establishment, be \r\nelected at a secret ballot held in the prescribed manner. \r\n (2) The employer shal l provide all such facilities in his establishment as \r\nmay be required for the holding of a ballot under sub -section (1) but shall not \r\ninterfere with, or in any way influence, the voting. \r\n (3) A shop steward shall hold office for a period of one year from t he date \r\nof his election or nomination. \r\n (4) Any dispute arising out of, or in connection with the election of a shop \r\nsteward shall be referred to the Registrar whose decision shall be final and binding \r\non all parties to the dispute. \r\n (5) The shop steward shall act as a link between the workers and the \r\nemployer, assist in the improvement of arrangements for the physical working \r\nconditions and production work in the shop, section or department for which he is \r\nelected or nominated and help workers in the sett lement of their problems either \r\nconnected with work or with any such individual grievance of a workman as is \r\nreferred to in sub-section (1) of section 33. \r\n29. Workers Management Council .– (1) In every establishment employing fifty \r\npersons or more, the mana gement shall set up a Workers Management Council \r\nconsisting of not less than six members in which the workers‟ participation shall be \r\nfifty percent and the convener of the Council shall be from the management. \r\n (2) The employer‟s representative in the coun cil shall be from amongst the \r\ndirectors or their nominees or senior executives and the workers‟ representatives \r\nshall be workmen employed in the same establishment and shall– \r\n(a) where there is a collective bargaining agent in the establishment, be \r\nnominated by it, or \r\n(b) where there is no collective bargaining agent in the establishment, be \r\nelected by simple majority at a secret ballot by all workme n employed \r\nin the establishment \r\n8\r\n[;and] \r\n9\r\n[(c) if women are employed as workers in the establishment, be women not \r\nless than the proportion of their numerical strength in the work force of \r\nthe establishment.] \r\n (3) The workers‟ representatives shall hold office for a period of two years \r\nfrom the date of their election or nomination. \r\n (4) The workers‟ representatives shall participate in all the meetings of the \r\nCouncil and all matters relating to the management of the establishment, except \r\ncommercial and financial transaction, may be discussed in such meetings. \r\n (5) The Council shall function for securing and preserv ing good labour \r\nmanagement relation and shall look after the following matters– \r\n(i) improvement in production, productivity and efficiency; \r\n(ii) fixation of job and piece-rates; \r\n(iii) planned regrouping or transfer of the workers; \r\n \r\n8Substituted for the “ full-stop” by the Punjab Fair Representation of Women Act 2014 (IV of 2014), published in the Punjab \r\nGazette (Extraordinary), dated: 12 March 2014, pp. 2733-2744, s.2 read with the Schedule, item 55. \r\n9Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014), published in the Punjab Gazette (Extraordinary), \r\ndated: 12 March 2014, pp. 2733-2744, s.2 read with the Schedule, item 55. \r\n(iv) laying down the prin ciples of remuneration and introduction of new \r\nremuneration methods; \r\n(v) provision of minimum facilities for such of the workers employed \r\nthrough contractors as are not covered by the laws relating to welfare \r\nof workers; \r\n(vi) endeavor to maintain continuou s sympathy and understanding \r\nbetween the employer and the workmen; \r\n(vii) settlement of differences and disputes through bilateral negotiations; \r\n(viii) security of employment for the workmen and conditions of safety, \r\nhealth and job satisfaction in their work; \r\n(ix) measures for facilitating good and harmonious working conditions in \r\nthe establishment; \r\n(x) provision of educational facilities for children of workmen in secretarial \r\nand accounting procedures and their absorption in these departments \r\nof the establishment; and \r\n(xi) vocation training within the establishment. \r\n (6) The management shall not take any decision in the following matters \r\nwithout the advice in writing of the workers‟ representatives– \r\n(a) framing of service rules and policy about promotion an d discipline of \r\nworkers; \r\n(b) changing physical working conditions in the establishment; \r\n(c) in-service training of workers; \r\n(d) recreation and welfare of workers; \r\n(e) regulation of daily working hours and breaks; \r\n(f) preparation of leave schedule; and \r\n(g) matters relating to the order and conduct of workers within the \r\nestablishment. \r\n (7) The workers‟ representatives may, on their own initiative, give advice in \r\nwriting concerning the matters specified in sub-section (6) and, where they do so, the \r\nmanagement shall convene a meeting of the Council within two weeks of the receipt \r\nof the advice to discuss its merits. \r\n (8) The management shall give reply to the workers‟ representatives within \r\nsix weeks of the receipt of their advice given under sub -section (6) or sub-section (7) \r\nand any such advice shall not be rejected except by the person holding the highest \r\nposition in the management of the establishment. \r\n (9) In case the advice of the workers‟ representatives is rejected by the \r\nmanagement of the establishment, the matter may, within fifteen days of the advice \r\nbeing so rejected, be taken up by the collective bargaining agent for bilateral \r\nnegotiations and thereupon the provisions of section 34 shall apply as they apply to \r\nthe settlement of an industrial dispute i n relation to which the views of the employer \r\nor the collective bargaining agent have been communicated to the Council under \r\nsub-section (1) of that section. \r\n (10) The Council may call for reasonable information about the working of \r\nthe establishment from its management and the management shall supply the \r\ninformation called for by the Council. \r\n (11) The Council shall meet at such intervals as may be prescribed. \r\n (12) A collective bargaining agent or workers in relation to an establishment \r\nmay lodge a compla int to the Registrar regarding non setting up or improper \r\nfunctioning of the Council. \r\n30. Inspector.– (1) The inspectors appointed under section 10 of the Factories \r\nAct, 1934 (XXV of 1934), and such other persons, not being conciliators appointed \r\nunder this Act, as the Government may, by notification in the official Gazette appoint, \r\nshall be inspectors for ensuring compliance with the provisions of section 29 within \r\nthe local limits assigned to each inspector. \r\n (2) The inspector may– \r\n(a) at all reasonable h ours enter on any premises and make such \r\nexamination of any register and document relating to the provisions of \r\nsection 29 and take on the spot or otherwise such evidence of any \r\nperson, and exercise such other powers of inspection, as he may deem \r\nnecessary for discharging his duty; \r\n(b) call for such information from the management as he may deem \r\nnecessary for the discharge of his functions and the management shall \r\nprovide the information called for within such period as may be \r\nspecified by the inspector; and \r\n(c) make a report in writing to the Registrar. \r\n (3) Every inspector shall be deemed to be a public servant within the \r\nmeaning of section 21 of the Pakistan Penal Code 1860 (XLV of 1860). \r\n31. Penalty for obstructing inspector .– A person w ho willfully obst ructs an \r\ninspector in the exercise of any power under section 30, or fails to produce on \r\ndemand by an inspector any register or other document in his custody relating to the \r\nprovisions of section 29 or the rules, or conceals or prevents any worker in an \r\nestablishment from appearing before or being examined by an inspector, he shall be \r\npunished with fine which may extend to fifty thousand rupees. \r\n32. Penalty for contravening section 29 .– (1) A person who contravenes the \r\nprovisions of section 29, he shall be punished with fine which may extend to seventy-\r\nfive thousand rupees. \r\n (2) The Labour Court shall not take cognizance of the offence punishable \r\nunder sub-section (1) except upon a complaint in writing made by the Registrar. \r\n33. Redress of individual grievan ces.– (1) A worker may bring his grievance in \r\nrespect of any right guaranteed or secured to him by or under any law or any award \r\nor settlement to the notice of his employer in writing, either himself or through his \r\nshop steward or collective bargaining age nt within three months of the day on which \r\nthe cause of such grievance arises. \r\n (2) Where a worker brings his grievance to the notice of the employer, the \r\nemployer shall, within fifteen days of the grievance being brought to his notice, \r\ncommunicate his decision in writing to the worker. \r\n (3) Where a worker brings his grievance to the notice of his employer \r\nthrough his shop steward or collective bargaining agent, the employer shall, within \r\nseven days of the grievance being brought to his notice, communicate his decision in \r\nwriting to the shop steward or the collective bargaining agent. \r\n (4) If the employer fails to communicate a decision within the period \r\nspecified in sub-section (2) or sub-section (3) or if the worker is dissatisfied with such \r\ndecision, the worker or the shop steward may take the matter to the collective \r\nbargaining agent or the Labour Court. \r\n (5) The collective bargaining agent may take the matter to the Labour \r\nCourt, and where the matter is taken to the Labour Court, it shall give a decisio n \r\nwithin ninety days from the date of the matter being brought before it as if such \r\nmatter was an industrial dispute. \r\n (6) A worker may, within a period of sixty days from the date of the \r\ncommunication of the employers‟ decision or from the date of the expiry of the period \r\nmentioned in sub-section (2) or sub-section (3), take the matter to the Labour Court. \r\n (7) In adjudicating and determining a grievance under this section, the \r\nLabour Court shall go into all the facts of the case and pass such orders as m ay be \r\njust and proper in the circumstances of the case. \r\n (8) Subject to the decision of the Tribunal, if a decision under this section \r\ngiven by the Labour Court is not given effect to or complied with within seven days or \r\nwithin the period specified in the decision, shall be punished with imprisonment for a \r\nterm which may extend to three months or with fine which may extend to five \r\nhundred thousand rupees or with both. \r\n (9) A person shall not be prosecuted under sub -section (8) except on a \r\ncomplaint in writ ing by the workman if the decision in his favour is not implemented \r\nwithin the period specified in that sub-section. \r\n (10) For the purposes of this section, workers having common grievance \r\narising out of a common cause of action may make a joint applicati on to the Labour \r\nCourt. \r\n34. Negotiations relating to differences and disputes .– (1) If at any time, an \r\nemployer or a collective bargaining agent finds that an industrial dispute has arisen or is \r\nlikely to arise, the employer or the collective bargaining agent, may communicate his or \r\nits views in writing either to the Council or to the other party and if the views are \r\ncommunicated to the Council, a copy of the views shall also be sent to the other party. \r\n (2) On receipt of the communication under sub -section (1), the Council or \r\nthe party receiving it, shall try to settle the dispute by bilateral negotiations within ten \r\ndays of receipt of the communication or within such further period as may be agreed \r\nupon by the parties and, if the parties reach a settlement , a memorandum of \r\nsettlement shall be recorded in writing and signed by both the parties and a copy \r\nthereof shall be forwarded to the conciliator and the authorities mentioned in clause \r\n(xxvii) of section 2. \r\n (3) Where a settlement is not reached between t he employer and the \r\ncollective bargaining agent or, if the views of the employer or collective bargaining \r\nagent have been communicated under sub -section (1) to the Council, there is a \r\nfailure of bilateral negotiations in the Council, the employer or the co llective \r\nbargaining agent may, within seven days from the end of the period referred to in \r\nsub-section (2), serve on the other party to the dispute a notice of lock-out or strike in \r\naccordance with the provisions of this Act. \r\n35. Conciliator.– The Governme nt shall, by notification in the official Gazette, \r\nappoint as many persons as it considers necessary to be the conciliators for the \r\npurposes of this Act and shall specify in the notification the area within which, or the \r\nclass of establishments or industri es in relation to which, each one of them shall \r\nperform his functions. \r\n36. Notice of strike or lock -out.– The period of a notice of lock -out or strike \r\ngiven under sub-section (3) of section 34 shall be fourteen days. \r\n37. Conciliation after notice of strike or lock -out.– Where a party to an \r\nindustrial dispute serves a notice of strike or lock -out under section 34, it shall, \r\nsimultaneously, with the service of such notice, deliver a copy thereof to the \r\nconciliator who shall proceed to conciliate in the disput e and also forward a copy of \r\nthe notice to the Labour Court. \r\n38. Proceedings before conciliator .– (1) The conciliator shall, as soon as \r\npossible, call a meeting of the parties to the dispute for the purpose of bringing about \r\na settlement. \r\n (2) The parties to the dispute shall be represented before the conciliator by \r\npersons nominated by them and authorized to negotiate and enter into an agreement \r\nbinding on the parties. \r\n (3) If in the opinion of the conciliator, the presence of the employer or any \r\noffice-bearer of the trade union connected with the dispute is necessary in a meeting \r\ncalled by him, he shall give notice in writing requiring the employer or such office -\r\nbearer to appear in person before him at the place, date and time, specified in the \r\nnotice and it shall be the duty of the employer or the office -bearer of the trade union \r\nto comply with the notice. \r\n (4) The conciliator shall perform such functions in relation to a dispute \r\nbefore him as may be prescribed and may, in particular, suggest to either pa rty to \r\nthe dispute such concessions or modifications in its demand as are in the opinion of \r\nthe conciliator likely to promote an amicable settlement of the dispute. \r\n (5) If a settlement of the dispute or of any matter in dispute is arrived at in \r\nthe course of the proceedings before him, the conciliator shall send a report thereof \r\nto the Government together with a memorandum of settlement signed by the parties \r\nto the dispute. \r\n (6) If no settlement is arrived at within the period of the notice of strike or \r\nlock-out, the conciliation proceedings may be continued for such further period as \r\nmay be agreed upon by the parties. \r\n39. Arbitration.– (1) If the conciliation fails, the conciliator shall try to persuade \r\nthe parties to agree to refer the dispute to an Arbitrator. \r\n (2) In case the parties agree to refer the dispute to an Arbitrator, they shall \r\nappoint an Arbitrator and refer the dispute to the Arbitrator by agreement in writing. \r\n (3) The Arbitrator to whom a dispute is referred under sub -section (2) may \r\nbe a person borne on a panel to be maintained by the Government or any other \r\nperson agreed upon by the parties. \r\n (4) The Arbitrator shall give his award within a period of thirty days from \r\nthe date on which the dispute is referred to him under sub -section (2) or such further \r\nperiod as may be agreed upon by the parties to the dispute. \r\n (5) After he has made an award, the Arbitrator shall forward a copy thereof \r\nto the parties and to the Government which shall cause it to be published in the \r\nofficial Gazette. \r\n (6) The award of the Arbitrator shall be final and no appeal shall lie against \r\nit, and it shall be valid for such period as may be specified in the award but not \r\nexceeding two years. \r\n40. Strike and lock -out.– (1) If no settlement is arrived at during the cours e of \r\nconciliation proceedings and the parties to the dispute do not agree to refer it to an \r\nArbitrator under section 39, the workmen may go on strike, the employer may \r\ndeclare a lock -out, on the expiration of the period of the notice under section 36 or \r\nupon a declaration by the conciliator that the conciliation proceedings have failed, \r\nwhichever is later. \r\n (2) The party raising a dispute may, at any time, either before or after the \r\ncommencement of a strike or lock -out make an application to the Labour Cour t for \r\nadjudication of the dispute. \r\n (3) Where a strike or lock -out lasts for more than thirty days, the \r\nGovernment may, by order in writing, prohibit the strike or lock-out. \r\n (4) The Government may, by order in writing, prohibit a strike or lock-out at \r\nany time before the expiry of thirty days, if it is satisfied that the continuance of such \r\na strike or lock -out is causing serious hardship to the community or is prejudicial to \r\nthe national interest. \r\n (5) In any case in which the Government prohibits a stri ke or lock -out, it \r\nshall forthwith refer the dispute to the Labour Court. \r\n (6) The Labour Court shall, after giving both the parties to the dispute an \r\nopportunity of being heard, make such award as it deems fit, as expeditiously as \r\npossible, but not exceeding thirty days from the date on which the dispute was referred \r\nto it. \r\n (7) The Labour Court may also make an interim award on any matter in \r\ndispute. \r\n (8) Any delay by the Labour Court in making an award shall not affect the \r\nvalidity of any award made by it. \r\n (9) An award of the Labour Court shall be for such period as may be \r\nspecified in the award which shall not be more than two years. \r\n41. Strike or lock -out in public utility services .– (1) The Government in the \r\ncase of a strike or lock -out relating to an industrial dispute in respect of any of the \r\npublic utility services may, by order in writing, prohibit a strike or lock -out at any time \r\nbefore or after the commencement of the strike or lock-out. \r\n (2) The provisions of section 40 shall also apply to an or der made under \r\nsub-section (1) as they apply to an order of the Government made under that \r\nsection. \r\n42. Application to Labour Court .– Any collective bargaining agent or any \r\nemployer may apply to the Labour Court for the redressal of any grievance or \r\nenforcement of any right guaranteed or secured to it or him by or under any law or \r\nany award or settlement. \r\n43. Raising of industrial dispute by federation .– (1) Notwithstanding anything \r\ncontained in this Act, a federation of trade unions may, if it is a collect ive bargaining \r\nagent, raise an industrial dispute affecting all employers or workers of the \r\nestablishments represented by that federation before the Tribunal and a decision of \r\nthe Tribunal shall be binding on all such employers and workers. \r\n (2) No collective bargaining agent shall, at any time when a decision of the \r\nTribunal in respect of any matter is effective, be entitled to raise a demand relating to \r\nthat matter. \r\n44. Labour Court .– (1) The Government may, by notification in the official \r\nGazette, establish as many Labour Courts as it considers necessary and, where it \r\nestablishes more than one Labour Court, shall specify in the notification the territorial \r\nlimits within which or the industries or classes of cases in respect of which, each one \r\nof them shall exercise jurisdiction under this Act. \r\n (2) A Labour Court shall consist of one presiding officer appointed by the \r\nGovernment. \r\n (3) A person shall not be qualified for appointment as presiding officer \r\nunless he has been or is a District Judge or an Additional District Judge. \r\n (4) A Labour Court shall– \r\n(a) adjudicate and determine an industrial dispute which has been referred \r\nto, or brought before it under the Act; \r\n(b) enquire into and adjudicate any matter relating to the implementation or \r\nviolation of a settlement which is referred to it by the Government; \r\n(c) try offences under the Act and such other offences under any other law as \r\nthe Government may, by notification in the official Gazette, specify in this \r\nbehalf; \r\n(d) try offences punishable under section 64; \r\n(e) to deal with cases of unfair labour practices specified in sections 17 \r\nand 18 on the part of employers, workers, trade unions, of either of \r\nthem or persons acting on behalf of any of them, whether committed \r\nindividually or collectively, in the ma nner laid down under section 33 or \r\nsection 42 or in such other way; \r\n(f) exercise and perform such other powers and functions as are or may \r\nbe conferred upon or assigned to it by or under the Act or any other \r\nlaw; and \r\n(g) grant such relief as it may deem fit including an interim relief. \r\n (4) An interim order passed by a Labour Court shall stand vacated on the \r\nexpiration of twenty days unless, for reasons to be recorded in writing, it is, from time \r\nto time for a period not exceeding twenty days, extended by the Labour Court. \r\n45. Procedure and powers of Labour Court .– (1) Subject to the provisions of \r\nthis Act, while trying an offence, a Labour Court shall follow as nearly as possible \r\nsummary procedure as prescribed under the Code of Criminal Procedure, 1898 (V of \r\n1898). \r\n (2) A Labour Court shall, for the purpose of adjudicating and determining \r\nany industrial dispute, be deemed to be a Civil Court and shall have the same \r\npowers as are vested in such Court under the Code of Civil Procedure, 1908 (V of \r\n1908), including the powers of: \r\n(a) enforcing the attendance of any person and examining him on oath; \r\n(b) compelling the production of documents and material objects; and \r\n(c) issuing commissions for the examination of witnesses or documents. \r\n (3) A Labour Court shall, for the purpose of trying an offence under the Act or \r\nthe Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (VI of \r\n1968), have the same powers as are vested in the Court of a Magistrate of the first class \r\nempowered under section 30 of the Code of Criminal Procedure, 1898 (V of 1898). \r\n (4) No court fee shall be payable for filing, exhibiting or recording any \r\ndocument in a Labour Court. \r\n (5) If the parties to a case, at any time before a final order is passed by the \r\nLabour Court, satisf y the Labour Court that the matter has been resolved by them \r\namicably and that there are sufficient grounds for withdrawing the case, it may allow \r\nsuch withdrawal. \r\n46. Awards and decisions of Labour Court .– (1) An award or decision of a \r\nLabour Court shall be given in writing and delivered in open Court and two copies \r\nthereof shall be forwarded, forthwith to the Government, provided that if the Federal \r\nGovernment is a party, two copies of the award or decision shall be forwarded to that \r\nGovernment as well. \r\n (2) The Government shall, within a period of thirty days from the receipt of \r\nthe copies of the award or decision, publish it in the official Gazette. \r\n (3) Any party aggrieved by a final award, decision or sentence under \r\nsection 33, section 42 or section 44 , except an interim order, may, within thirty days \r\nof the communication of the final award, decision or sentence, prefer an appeal to \r\nthe Tribunal, whose decision thereon shall be final. \r\n (4) Save as otherwise expressly provided in this Act, all awards, de cisions \r\nand sentences of a Labour Court shall be final and shall not be called in question in \r\nany manner by or before any Court or other authority. \r\n47. Labour Appellate Tribunal.– (1) The Government may, by notification in the \r\nofficial Gazette, constitute as many Tribunals consisting of one member as it may \r\nconsider necessary and, where it constitutes more than one Tribunals, it shall specify \r\nin the notification the territorial limits within which or the class of cases in relation to \r\nwhich, each one of them shall exercise jurisdiction under this Act. \r\n (2) The member of the Tribunal shall be a person who is or has been a \r\nJudge or an Additional Judge of the Lahore High Court and shall be appointed on \r\nsuch terms and conditions as the Government may determine. \r\n (3) The Tribunal may, on appeal, confirm, set aside, vary or modify the \r\naward, decision or sentence given or passed under section 33, section 42 or section \r\n44 and shall exercise all the powers conferred by the Act to the Court, save as \r\notherwise provided. \r\n (4) The decision of the Tribunal shall be delivered as expeditiously as \r\npossible, within a period of one hundred and twenty days following the filing of the \r\nappeal, provided that such decision shall not be rendered invalid by reason of any \r\ndelay. \r\n (5) The Tribunal may, on its own motion at any time, call for the record of \r\nany case or proceedings under the Act in which a Labour Court within its jurisdiction \r\nhas passed an order for the purpose of satisfying itself as to the correctness, legality, \r\nor propriety of such order, and may pass such order in relation thereto as it thinks fit. \r\n (6) No order under sub -section (5) shall be passed revising or modifying \r\nany order adversely affecting any person without giving such person a reasonable \r\nopportunity of being heard. \r\n (7) The Tribunal shall follow such procedure as may be prescribed. \r\n (8) The Tribunal may punish for contempt of its authority, or that of any \r\nLabour Court subject to its appellate jurisdiction, as if it is a High Court. \r\n (9) Any person convicted and sentenced by the Tribunal under sub-section \r\n(8) to imprisonment for any period, or to pay a fine exceeding fifteen thousand \r\nrupees, may, within thirty days, prefer an appeal to the Lahore High Court. \r\n (10) A Tribunal may, on its own motion or on the appli cation of a party, \r\ntransfer any application or proceeding from a Labour Court subject to its appellate \r\njurisdiction to any other such Labour Court. \r\n (11) Notwithstanding anything contained in sub -section (3), if in an appeal \r\npreferred to it against the ord er of a Labour Court directing the reinstatement of a \r\nworkman and the Tribunal makes an order staying the operation of the order of the \r\nLabour Court, the Tribunal shall decide such appeal within ninety days. \r\n (12) If an appeal under sub -section (11) is not decided within the period of \r\nninety days, the interim order of the Tribunal shall stand vacated on the expiration of \r\nthat period. \r\n48. Settlements and awards on whom binding .– (1) A settlement arrived at in \r\nthe course of a conciliation proceedings, or othe rwise between the employer and the \r\ncollective bargaining agent or an award of an Arbitrator prescribed under section 39, \r\nor an award or decision of a Labour Court delivered under section 46 or the decision \r\nof the Tribunal under section 47 shall– \r\n(a) be binding on all parties to the industrial dispute; \r\n(b) be binding on all other parties summoned to appear in any proceedings \r\nbefore a Labour Court as parties to the industrial dispute, unless the \r\nCourt specifically otherwise directs in respect of any such party; \r\n(c) be binding on the heirs, successors or assignees of the employer in \r\nrespect of the establishment to which the industrial dispute relates \r\nwhere an employer is one of the parties to the dispute; and \r\n(d) where a collective bargaining agent is one of th e parties to the dispute, \r\nbe binding on all workmen who were employed in the establishment or \r\nindustry to which the industrial dispute relates on the date on which the \r\ndispute first arose or who are employed therein after that date. \r\n (2) Where a collective bargaining agent or a trade union performing the \r\nfunctions of a collective bargaining agent under section 63 exists, the employer shall \r\nnot enter into a settlement with any other trade union, and any contravention of this \r\nprovision shall be deemed to be an unfair labour practice under section 17. \r\n (3) A settlement arrived at by agreement between the employer and a \r\ntrade union otherwise than in the course of conciliation proceedings shall be binding \r\non the parties to the agreement. \r\n49. Effective date of set tlement or award .– (1) A settlement shall become \r\neffective– \r\n(a) if a date is agreed upon by the parties to the dispute to which it relates, \r\non such date; and \r\n(b) if a date is not so agreed upon, on the date on which the memorandum \r\nof the settlement is signed by the parties. \r\n (2) A settlement shall be binding for such period as is agreed upon by the \r\nparties but not exceeding two years, and if no such period is agreed upon for a period of \r\none year from the date on which the memorandum of settlement is signed by the parties \r\nto the dispute and shall continue to be binding on the parties after the expiry of the \r\naforesaid period until the expiry of two months from the date on which either party \r\ninforms the other party in writing of its intention no longer to be bound by the settlement. \r\n (3) An award given under sub -section (1) of section 46 shall, unless an \r\nappeal against it is preferred to the Tribunal, become effective on such date and \r\nremain effective for such period, not exceeding two years, as may be specified \r\ntherein. \r\n (4) The Arbitrator, the Labour Court or the Tribunal shall specify dates \r\nfrom which the award on various demands shall be effective and the time limit by \r\nwhich it shall be implemented in each case. \r\n (5) If at any time before the expiry of the pe riod mentioned in sub -section \r\n(3) or sub -section (4), any party bound by an award may apply to the Labour Court \r\nor the Tribunal for reduction of the said period on the ground that the circumstances \r\nin which the award was made have materially changed, the L abour Court or the \r\nTribunal may, by order made after giving to the other party an opportunity of being \r\nheard, terminate or reduce the said period. \r\n (6) A decision of the Tribunal in appeal under sub -section (3) of section 47 \r\nshall be effective from the date of the award. \r\n (7) Notwithstanding the expiry of the period for which an award is to be \r\neffective under sub -section (3) or sub -section (4), the award shall continue to be \r\nbinding on the parties until the expiry of two months from the date on which either \r\nparty informs the other party in writing of its intention no longer to be bound by the \r\naward. \r\n50. Commencement and conclusion of proceedings .– (1) A conciliation \r\nproceeding shall be deemed to have commenced on the date on which a notice of \r\nstrike or lock-out is received by the conciliator under section 34. \r\n (2) A conciliation proceeding shall be deemed to have concluded– \r\n(a) where a settlement is arrived at, on the date on which a memorandum \r\nof settlement is signed by the parties to the dispute; and \r\n(b) where no settlement is arrived at– \r\n(i) if the dispute is referred to an Arbitrator under section 39 on the \r\ndate on which the Arbitrator has given his award or otherwise; or \r\n(ii) on the date on which the period of the notice of strike or lock -out \r\nexpires. \r\n (3) Proceedings before a Labour Court shall be deemed to have \r\ncommenced– \r\n(a) in relation to an industrial dispute, on the date on which an application \r\nhas been made under section 40 or section 42, or on the date on which \r\nit is referred to the Labour Court by the Government under section 40 \r\nor section 41; and \r\n(b) in relation to any other matter, on the date on which it is referred to the \r\nLabour Court. \r\n (4) Proceedings before the Tribunal in relation to a dispute referred to it \r\nunder section 40 or section 41 sh all be deemed to have commenced on the date on \r\nwhich the reference is made to it. \r\n (5) Proceedings before the Tribunal or a Labour Court shall be deemed to \r\nhave concluded on the date on which the award or decision is delivered under sub -\r\nsection (1) of section 46. \r\n51. Certain matters to be kept confidential.– (1) There shall not be included in any \r\nreport, award or decision under this Act any information obtained by a Registrar, \r\nconciliator, Labour Court, Arbitrator or Tribunal in the course of any investigation or inquiry \r\nas to a trade union or as to any individual business (whether carried on by a person, firm \r\nor company) which is not available otherwise than through the evidence given before \r\nsuch authority, if the trade union, person, firm, or company in qu estion has made a \r\nrequest in writing to the authority that such information shall be treated as confidential, nor \r\nshall such proceedings disclose any such information without the consent in writing of the \r\nsecretary of the trade union or the person, firm or company in question. \r\n (2) Nothing contained in sub -section (1) shall apply to disclosure of any \r\nsuch information for the purpose of a prosecution under section 193 of the Pakistan \r\nPenal Code 1860 (XLV of 1860). \r\n52. Raising of industrial disputes .– No indu strial dispute shall be deemed to \r\nexist unless it has been raised in the prescribed manner by a collective bargaining \r\nagent or an employer. \r\n53. Prohibition on serving notice of strike or lock -out while proceedings are \r\npending.–No notice of strike or lock -out shall be served by any party to an industrial \r\ndispute while any proceeding before a conciliator, an Arbitrator, a Labour Court or an \r\nappeal in the Tribunal is pending in respect of any matter constituting such industrial \r\ndispute. \r\n54. Powers of Labour Court and Tribunal to prohibit strike.– (1) When a strike \r\nor lock-out in pursuance of an industrial dispute has already commenced and is in \r\nexistence at the time when, in respect of such industrial dispute, there is made to, or \r\nis pending before, a Labour Court an application, under section 42, the Labour Court \r\nmay, by an order in writing prohibit continuance of the strike or lock-out. \r\n (2) When an appeal in respect of any matter arising out of an industrial \r\ndispute is preferred to a Tribunal under section 47 , the Tribunal may, by an order in \r\nwriting, prohibit continuance of any strike or lock -out in pursuance of such industrial \r\ndispute which had already commenced and was in existence on the date on which \r\nthe appeal was preferred. \r\n55. Illegal strike or lock-out.– (1) A strike or lock-out shall be illegal if– \r\n(a) it is declared, commenced or continued without giving to the other party to \r\nthe dispute, in the prescribed manner, a notice of strike or lock -out or \r\nbefore the date of strike or lock -out specified in su ch notice, or in \r\ncontravention of section 53; \r\n(b) it is declared, commenced or continued in consequence of an industrial \r\ndispute raised in a manner other than that provided in section 52; \r\n(c) it is continued in contravention of an order made under sections 40, 41 \r\nor 54 or sub-section (3) of section 56; or \r\n(d) it is declared, commenced or continued during the period in which a \r\nsettlement or award is in operation in respect of any of the matters \r\ncovered by a settlement or award. \r\n (2) A lock -out declared in co nsequence of an illegal strike and a strike \r\ndeclared in consequence of an illegal lock-out shall not be deemed to be illegal. \r\n56. Procedure in case of illegal strike or lock -out.– (1) Notwithstanding \r\nanything contained in any other provision of this Act or in any other law, an officer of \r\nthe Government, not below the rank of Assistant Director Labour Welfare, in this \r\nsection referred to as the officer, may make enquiries in such manner as he may \r\ndeem fit into an illegal strike or illegal lock -out in an esta blishment or group of \r\nestablishments and make a report to the Labour Court. \r\n (2) After completing the enquiry, the officer shall serve a notice on the \r\nemployer and the collective bargaining agent or the registered trade union \r\nconcerned with the dispute to appear before the Labour Court on a date to be fixed \r\nby that Court. \r\n (3) The Labour Court may, within ten days following the day on which it \r\nreceives a report under sub -section (1), after considering the report and hearing \r\nsuch of the parties as appear before it, order the strike to be called off or the lock -out \r\nto be lifted. \r\n (4) If the employer contravenes the order of the Labour Court under sub -\r\nsection (3) and the Court is satisfied that the continuance of the lock -out is causing \r\nserious hardship to the community or is prejudicial to the national interest, it may \r\nissue an order for the attachment of the establishment or group of establishments \r\nand for the appointment of an official receiver for such period as it deems fit, and \r\nsuch period as may be varied from time to time. \r\n (5) The official receiver shall exercise the powers of management and may \r\ntransact business, enter into contracts, give valid discharge of all moneys received \r\nand do or omit to do all such acts as are necessary for conducting the busin ess of \r\nthe establishment or group of establishments. \r\n (6) The Labour Court may, in appointing and regularizing the work of an \r\nofficial receiver exercise the powers of a Civil Court under the Code of Civil \r\nProcedure, 1908 (V of 1908). \r\n (7) If the workers c ontravene the order of the Labour Court under sub -\r\nsection (3), the Court may pass orders of dismissal against all or any of the striking \r\nworkers and notwithstanding anything to the contrary contained in the Act, if the \r\nCourt, after holding such inquiry as it deems fit, records its finding that any registered \r\ntrade union has committed or abetted the commission of such contravention, the \r\nfinding shall have the effect of cancellation of the registration of such trade union and \r\ndebarring all office -bearers of s uch trade union from holding office in that or in any \r\nother trade union for the un-expired term of their offices and for the term immediately \r\nfollowing such terms. \r\n (8) The Labour Court may review its order under sub -section (7), if good \r\nand sufficient cause is shown by an affected worker within seven days of an order of \r\ndismissal. \r\n (9) Subject to any rules made by the Government in this behalf, the officer \r\nmay, for the purpose of enquiry under sub-section (1), within the local limits for which \r\nhe is appoin ted, enter with such assistants, if any, being persons in the service of \r\nPakistan, as he thinks fit, in an establishment or group of establishments, where he \r\nhas reason to believe an illegal strike or lock -out to be in progress, and make such \r\nexamination of the premises and plant and of any registers maintained therein and \r\ntake on the spot or otherwise such evidence of persons and exercise such other \r\npowers as he may deem necessary for carrying out the purposes of this section. \r\n (10) The officer may call any party to such dispute to his office or secure his \r\npresence in the establishment or group of establishments and may bind any party to \r\nthe dispute to appear before the Labour Court. \r\n (11) Where a party to an illegal strike or lock -out, on being required or \r\nbound under this section to appear before the officer or the Labour Court, does not \r\nso appear, the officer or Labour Court may, besides taking such other action as may \r\nbe admissible under the Act, proceed ex-parte. \r\n57. Conditions of service to remain unch anged while proceedings are \r\npending.– (1) No employer shall, while any conciliation proceedings or proceedings \r\nbefore an Arbitrator, a Labour Court or Tribunal in respect of an industrial dispute are \r\npending, alter to the disadvantage of any workman concer ned in such dispute, the \r\nconditions of service applicable to him before the commencement of the conciliation \r\nproceedings or of the proceedings before the Arbitrator, Labour Court or Tribunal nor \r\nshall he– \r\n(a) save with the permission of the conciliator, wh ile any conciliation \r\nproceedings are pending; or \r\n(b) save with the permission of the Arbitrator, Labour Court or Tribunal, \r\nwhile any proceedings before the Arbitrator, Labour Court or Tribunal \r\nare pending, discharge, dismiss or otherwise punish any workman \r\nexcept for misconduct not connected with such dispute. \r\n (2) Notwithstanding anything contained in sub -section (1), an office -bearer \r\nof a registered trade union shall not, during the pendency of any proceedings \r\nreferred to in sub -section (1), be discharged , terminated, dismissed or otherwise \r\npunished for misconduct, except with the previous permission of the Labour Court, \r\nhowever, the terms and conditions of the employment secured by the workers \r\nthrough collective bargaining, agreements, settlements, awards and decisions of \r\nCourts shall continue to be binding upon the parties until revised for betterment of \r\nworkers. \r\n58. Removal of fixed assets.– (1) No employer shall remove any fixed assets of \r\nthe establishment during the currency of an illegal lock -out or a strike which is not \r\nillegal. \r\n (2) The Labour Court may, subject to such conditions as it may impose, \r\ncause to be removed any such fixed assets for safe custody to avoid damage to \r\nsuch assets due to flood, fire, catastrophe or civil commotion. \r\n59. Protection of certain persons .– (1) No person refusing to take part or to \r\ncontinue to take part in any illegal strike or illegal lock -out shall, by reasons of such \r\nrefusal, be subject to expulsion from any trade union or to any fine or penalty or to \r\nthe deprivatio n of any right or benefit which he or his legal representatives would \r\notherwise have been entitled, or be liable to be placed in any respect, either directly \r\nor indirectly, under any disability or disadvantage as compared with other members \r\nof the trade union. \r\n (2) Any contravention of the provisions of sub-section (1) may be made the \r\nsubject matter of an industrial dispute, and nothing in the constitution of a trade \r\nunion providing the manner in which any dispute between its executive and \r\nmembers shall be settled shall apply to any proceedings for enforcing any right or \r\nexemption granted by sub-section (1). \r\n (3) In any such proceeding, the Labour Court may, in lieu of ordering a \r\nperson who has been expelled from membership of a trade union to be restored t o \r\nmembership, order that he be paid out of the funds of the trade union such sum by \r\nway of compensation or damages as the Court thinks just. \r\n60. Representation of parties .– (1) A workman who is a party to an industrial \r\ndispute shall be entitled to be repre sented in any proceedings under this Act by an \r\noffice-bearer of a collective bargaining agent and subject to the provisions of sub -\r\nsection (2) and sub -section (3) any employer who is a party to an industrial dispute \r\nshall be entitled to be represented in a ny such proceedings by a person duly \r\nauthorized by him. \r\n (2) No party to an industrial dispute shall be entitled to be represented by a \r\nlegal practitioner in any conciliation proceedings under the Act. \r\n (3) A party to an industrial dispute may be represent ed by a legal \r\npractitioner in any proceedings before the Labour Court, an Arbitrator or the Tribunal \r\nwith the permission of the Labour Court, Arbitrator or the Tribunal. \r\n61. Interpretation of settlement and awards.– (1) If any difficulty or doubt arises \r\nas to the interpretation of any provisions of an award or settlement, it shall be \r\nreferred to the Tribunal. \r\n (2) The Tribunal to which a matter is referred under sub -section (1) shall \r\nafter giving the parties an opportunity of being heard, decide the matter, and its \r\ndecision shall be final and binding on the parties. \r\n62. Recovery of money due from an employer under settlement or award .– \r\n(1) Any money due from an employer under a settlement, or under an award or \r\ndecision of the Arbitrator, Labour Court or Trib unal may be recovered as arrears of \r\nland revenue or as a public demand if, upon the application of the person entitled to \r\nthe money, the Labour Court so directs. \r\n (2) Where any workman is entitled to receive from the employer any \r\nbenefit, under a settlemen t or under an award or decision of the Arbitrator, Labour \r\nCourt or the Tribunal, which is capable of being computed in terms of money, the \r\namount at which such benefit shall be computed may, subject to the rules made \r\nunder this Act, be determined and recov ered as provided for in sub -section (1) and \r\npaid to the workman concerned within a specified date. \r\n (3) A Labour Court may exercise the powers of Collector under the Punjab \r\nLand Revenue Act 1967 (XVII of 1967) for recovery of an amount due under this Act. \r\n63. Performance of functions pending ascertainment of collective \r\nbargaining agent.–Any act or function which is by this Act required to be performed \r\nby or has been conferred upon a collective bargaining agent may, until a collective \r\nbargaining agent has been certified under the provisions of the Act, be performed by \r\na registered trade union which has been recognized by the employer or employers. \r\n64. Penalty for unfair labour practices .– (1) A person who contravenes the \r\nprovisions of section 10, he shall be liable to fine which may extend to twenty \r\nthousand rupees but not less than five thousand rupees. \r\n (2) A person who contravenes the provisions of section 17, he shall be liable \r\nto fine which may extend to thirty thousand rupees but not less than ten thous and \r\nrupees. \r\n (3) A person who contravenes the provisions of section 18, other than \r\nthose of clause (d) of sub-section (1) thereof, he shall be liable to pay fine which may \r\nextend to twenty thousand rupees but not less than five thousand rupees. \r\n (4) An off ice-bearer of a trade union, a workman or person other than a \r\nworkman who contravenes or abets the contravention of the provisions of clause (d) \r\nof sub-section (1) of section 18 shall be liable to pay fine which may extend to thirty \r\nthousand rupees but not less than ten thousand rupees. \r\n (5) Where the person accused of an offence under sub -section (4) is an \r\noffice-bearer of a trade union, the Labour Court may, in addition to any other \r\npunishment which it may award to such person under that sub -section, direct that he \r\nshall cease to hold the office of the trade union and be disqualified from holding any \r\noffice in any trade union during the term immediately following the term in which he so \r\nceases to hold office. \r\n (6) A person who contravenes the provisions of section 58, he shall be \r\nliable to pay fine which may extend to fifty thousand rupees but not less than twenty \r\nthousand rupees. \r\n65. Penalty for committing breach of settlement .– A person who commits any \r\nbreach of any term of any settlement, award or decisi on which is binding on him \r\nunder this Act, he shall be punished– \r\n(a) for the first offence, with fine which may extend to twenty thousand \r\nrupees; and \r\n(b) for each subsequent offence; with fine which may extend to fifty thousand \r\nrupees. \r\n66. Penalty for failing to implement settlement.– A person who willfully fails to \r\nimplement any term of any settlement, award or decision which it is his duty under this \r\nAct to implement shall be punishable with a fine which may extend to twenty thousand \r\nrupees and, in the case of continuing failure, with a further fine which may extend to five \r\nthousand rupees for every day after the first, during which the failure continues. \r\n67. Penalty for false statement.– Whoever willfully makes or causes to be made \r\nin any application or o ther document submitted under this Act or the rules made \r\nthereunder, any statement which he knows or has reason to believe to be false, or \r\nwillfully neglects or fails to maintain or furnish any list, document or information he is \r\nrequired to maintain or fu rnish, under the Act or the rules made there under shall be \r\npunishable with fine which may extend to fifty thousand rupees but not less than \r\ntwenty thousand rupees. \r\n68. Penalty for discharging office-bearer of trade union in certain \r\ncircumstances.– Any emp loyer who contravenes the provision of section 57, he \r\nshall be punished with fine which may extend to twenty thousand rupees but not less \r\nthan five thousand rupees. \r\n69. Penalty for embezzlement or misappropriation of funds .– Any office -\r\nbearer or any employ ee of a registered trade union, guilty of embezzlement or \r\nmisappropriation of trade union funds, shall be liable to a fine, double the amount \r\nfound by the Labour Court to have been embezzled or misappropriated and upon \r\nrealization, the Labour Court may reimburse the amount of fine to the trade union. \r\n70. Penalty for other offences .– A person who contravenes, or fails to comply \r\nwith, any of the provisions of this Act shall, if no other penalty is provided by the Act \r\nfor such contravention or failure, he shal l be punished with fine which may extend to \r\nfive thousand rupees. \r\n71. Offence to be non -cognizable.– Notwithstanding anything contained in the \r\nCode of Criminal Procedure, 1898 (V of 1898) no police officer shall be competent to \r\narrest without warrant an em ployer or a worker for an offence under this Act other \r\nthan the offence of illegal strike or illegal lock -out continued in contravention of an \r\norder made under sub-section (3) of section 56. \r\n72. Offences by corporation.– (1) Where the person guilty of any offence under \r\nthis Act is a company or other body corporate, every director, manager, secretary or \r\nother officer or agent thereof shall, unless he proves that the offence was committed \r\nwithout his knowledge or consent or that he exercised all due diligence to prevent \r\nthe commission of the offence, be deemed to be guilty of such offence; \r\n (2) Where a company has intimated to the Government in writing the names \r\nof any of its directors resident in Pakistan whom it has nominated for the purpose of \r\nthis section and the offence is committed while such directors continue to be so \r\nnominated, only such directors shall be deemed to be guilty in terms of sub -section \r\n(1). \r\n73. Trial of offences.– Save as provided in this Act, no Court other than a Labour \r\nCourt or that of a Magistrate of the first class shall try any offence punishable under the \r\nAct. \r\n74. Indemnity.– No suit, prosecution or other legal proceedings shall lie against \r\nany person for anything which is in good faith done or intended to be done in \r\npursuance of this Act or any rule. \r\n75. Officers to be public servants .– A Registrar, conciliator, presiding officer of \r\na Labour Court and the member of a Tribunal, shall be deemed to be a public \r\nservant within the meaning of section 21 of the Pakistan Penal Code 1860 (XL V of \r\n1860). \r\n76. Limitation.– The provisions of section 5 of the Limitation Act, 1908 (IX of \r\n1908), shall apply in computing the period within which an application is to be made, \r\nor any other thing is to be done, under this Act. \r\n77. Power to make rules.– (1) The Government may make rules for carrying out \r\nthe purposes of this Act. \r\n (2) The rules made under this section may provide that a contravention \r\nthereof shall be punishable with fine which may extend to five thousand rupees. \r\n78. Provision of certified copies.– The Tribunal and the Labour Court appointed \r\nunder this Act shall provide certified copies of documents, orders or decisions on \r\npayment of a prescribed fee. \r\n79. Repeal and savings .– (1) Notwithstanding the repeal of the Industrial \r\nRelations Act, 2008 (IV of 2008), hereinafter referred to as the repealed Act– \r\n(a) every trade union registered under the repealed Act shall be deemed to \r\nbe registered under this Act; \r\n(b) anything done, rules made, notification or order issued, officer \r\nappointed, Court constituted, notice given, proceedings commenced or \r\nother action taken under the repealed Act or purportedly under that Act \r\ntill the coming into force of the Act, shall be deemed to have been \r\ndone, made, issued, appointed, constituted, given, commenced or \r\ntaken, under the Act; and \r\n(c) every reference to the repealed Act shall be construed as reference to \r\nthe Act. \r\n80. Transfer of cases from National Industrial Relations Commission.– (1) All \r\nthe cases pending before the National Industrial Relations Commission, co nstituted \r\nunder the repealed Industrial Relations Act 2008 (IV of 2008) shall stand transferred \r\nto the Tribunal, Labour Court and Registrar having jurisdiction in the matter. \r\n (2) The said National Industrial Relations Commission shall transfer the \r\nrecord of all the cases and trade unions to the Tribunal, Labour Court or Registrar. \r\n (3) The Tribunal, Labour Court or Registrar may continue the proceedings \r\nin a case transferred under this section from the stage at which it was pending \r\nbefore the National Ind ustrial Relations Commission at the time of coming into force \r\nof this Act. \r\n81. Removal of difficulties .– If any difficulty arises in giving effect to any \r\nprovisions of this Act, the Government may, by notification in the official Gazette, \r\nmake such order, not inconsistent with the provisions of the Act, as may appear to it \r\nto be necessary for the purpose of removing the difficulty. \r\n82. Repeal.– The Punjab Industrial Relations Ordinance 2010 (II of 2010) is \r\nhereby repealed. \r\nSCHEDULE \r\nPUBLIC UTILITY SERVICE \r\n[see section 2(xxiii)] \r\n1. The generation, production, manufacture, or supply of electricity, gas, oil or \r\nwater to the public. \r\n2. Any system of public conservancy or sanitation. \r\n3. Hospitals and ambulance service. \r\n4. Fire-fighting service. \r\n5. Any postal, telegraph or telephone service. \r\n6. Railways and Airways. \r\n7. Dry Ports. \r\n8. 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