NATIONAL INDUSTRIAL RELATIONS COMMISSION

The Industrial Relations Commission was established through amendments in the Industrial Relations Ordinance, 1969 in 1972 mainly with mandate to deal with issues of registration of industry-wise trade unions and national-level trade unions and federations. Later on, it was entrusted with cases of unfair labour practices in all establishments.

The Commission was retained under the Industrial Relations Ordinance, 2002, and Industrial Relations Act, 2008. After the 18th Constitutional Amendment, when the subject of labour welfare was devolved to the provinces and a new law, the Industrial Relations Act, 2012, was enacted for dealing with labour issues in the ICT and trans-provincial establishments, the National Industrial Relations Commission was established under Section 53 of the Act with a fresh mandate.

Constitution and Composition

Section 53 of the IRA, 2012 provides that:

• (1) The Federal Government shall constitute a National Industrial Relations Commission.
• (2) The Commission shall consist of not less than ten full-time members, including the Chairman.
• (3) The qualification for appointment as a member or as the Chairman shall be such as may be prescribed.
• (4) The Chairman and members shall be appointed by the Government in the prescribed manner.
• (5) Two members shall be appointed to advise the Chairman — one to represent employers and one to represent trade unions and federations.
• (6) The Chairman may co-opt worker representatives from federations wherever necessary.
• (7) The co-opted worker representatives shall be entitled to such honorarium as may be prescribed.

Functions of the Commission

The following shall be the functions of the Commission:

• (a) To adjudicate and determine industrial disputes in the Islamabad Capital Territory and trans-provincial cases involving trade unions or federations, including those of national importance referred by the Government.
• (b) To register trade unions and industry-wise trade unions in the ICT and trans-provincial establishments and federations of such unions.
• (c) To determine collective bargaining agents among trade unions and federations in the ICT and trans-provincial areas.
• (d) To try offences punishable under Section 67 and other relevant provisions concerning employers, workers, or trade unions.
• (e) To deal with unfair labour practices under Sections 31 and 32 and to take measures to prevent such practices.
• (f) To advise the Government, trade unions, and federations on worker education in trade unionism, their rights, and obligations.
• (g) To take measures calculated to prevent unfair labour practices through regulations.
• (h) To deal with individual grievances as prescribed under Section 33.
• (i) To exercise exclusive jurisdiction over establishments situated in the ICT and trans-provincial areas.
• (j) To exercise such other powers as the Government may assign by notification.

Benches of the Commission

• (a) A Full Bench of the Commission consisting of not less than three members to hear appeals against judgments of Single Benches.
• (b) As many Single Benches as necessary, each consisting of one member, to hear cases of unfair labour practices, individual grievances, and miscellaneous matters.

Additional Powers

• (a) The Commission may punish any person obstructing or disobeying its orders with imprisonment up to six months or fine up to fifty thousand rupees, or both.
• (b) The Chairman or any member may inspect workplaces or interrogate persons relevant to any case before the Commission.
• (c) The Commission may, on application or suo motu, initiate proceedings, withdraw matters from provincial labour courts, or grant appropriate relief, including interim injunctions.

The Industrial Relations Commission deals with individual grievances of workmen, unfair labour practices on the part of employers or workers, registration of Trade Unions and Federations, holding referendums for determining collective bargaining agents, and matters ancillary to these issues.

The law provides the following procedure for submitting petitions, applications, or complaints to the Commission:

• (i) Any aggrieved workman may himself serve on the employer a grievance notice within 90 days of his grievance, or he may do so through the workshop steward or CBA Union.
• (ii) If the workman does not receive a response within 15 days or is not satisfied with the employer’s reply, he may file a grievance petition before the Commission within 60 days after receipt of the reply or expiry of the 15 days.

Filing Grievance Petition

• Every memorandum of petition shall:
  • (a) Be legibly, correctly, and concisely written, typed, or printed.
  • (b) Be divided into numbered paragraphs, each containing a distinct statement.
  • (c) Contain the full name, official designation, and address of each party.
  • (d) Clearly set out the relief claimed.
  • (e) Be accompanied by:
    • (1) Copy of grievance notice and proof of its service.
    • (2) Copy of the impugned order or any related order of the employer concerning terms or conditions of service.
    • (3) Copies of documents relied upon in support of the claim.
  • (f) Be signed or thumb-impressed by the petitioner.
  • (g) Include three copies of the petition and as many copies as there are respondents, all duly signed and accompanied by the relevant documents.
• In every petition, the authority or party against whom it is preferred shall be shown as respondent.
• If a petition is filed after the limitation period, it shall be accompanied by an application supported by an affidavit explaining the cause of delay.