The Industrial Relations Commission was established through amendments in the Industrial
Relations Ordinance, 1969 in 1972 mainly with mandate to dealt with issues of registration
of Industry wise trade unions and national level trade unions and federations. Later on it
was entrusted cases of unfair labour practices in all establishments. The Commission was
retained under Industrial Relations Ordinance, 2002, Industrial Relation Act, 2008. After 18 th
constitutional amendment when the subject of labour welfare was devolved to the
provinces and new law in the name of Industrial Relations Act, 2012 was enacted for dealing
with labour issues in the ICT and trans-provincial establishments, the National Industrial
Relations was established under section 53 of the Industrial Relations Act, 2012 with fresh
mandate. Here is brief introduction of NIRC as described in the IRA, 2012.
Constitution and Composition
Section 53 of 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 of the Commission shall be such as may be prescribed.
(4) The Chairman and other members of the Commission shall be appointed by the Government in the prescribed manner.
(5) Two of the members shall be appointed in the prescribed manner to advise the Chairman, one to represent the employers and the other to represent trade unions and the federations of such trade unions.
(6) The Chairman of the Commission may, in addition to the representatives of workers appointed to the Commission, co-opt, in cases where he deems it necessary, from amongst workers belonging to federations such representatives of workers as he may deem fit.
(7) The worker's representative co-opted under sub-section (6) shall be entitled to such honorarium as may be prescribed.
Functions of the Commission
The following shall be the functions of the Commission, namely:-
(a) to adjudicate and determine an industrial dispute in the Islamabad Capital Territory and trans-provincial to which a trade union or a federation of such trade unions is a party and which is not confined to matters of purely local nature and any other industrial dispute which is, in the opinion of the Government, of national importance and is referred to it by that Government;
(b) to register trade unions and industry-wise trade unions of an establishment or group of establishments in the Islamabad Capital Territory and trans-provincial, and federations of such trade unions;
(c) to determine the collective bargaining agents amongst trade unions and industry-wise trade unions in the Islamabad Capital Territory and trans-provincial and federations of such trade unions;
(d) to try offences punishable under-
(i) Section 67 other than sub-section (1) and (6) thereof; and
(ii) any other section, in so far as they relate to employers or workers in relation to a trade union or an industry-wise trade union in the Islamabad Capital Territory and trans-provincial, and a federation of such trade unions, or officers of such union or federation;
(e) to deal with cases of unfair labour practices specified in sections 31 and 32 on the part of employers, workers, trade unions of either of them or persons acting on behalf of any of them, whether committed individually or collectively, in the manner laid down under section 33 or sub-section (9) section 33 or in such other way as may be prescribed, and to take, in such manner as may be prescribed by regulations under section 66, measures calculated to prevent an employer or workman from committing an unfair labour practice;
(f) to advise the Government, trade unions and industry-wise trade unions in the Islamabad Capital Territory and trans-provincial, and federations in respect to the education of workers in the essentials of trade unionism, including education in respect of their right and obligations, and to secure the provision of facilities required thereof, and to apportion the cost thereof between the Government, trade unions and federations of such trade unions, and the employers, in such manner as may be considered equitable by the Commission, subject to the approval of the Government;
(g) to take measures calculated to prevent an employer or workman from committing an unfair labour practice in such manner as may be determined by regulations;
(h) to deal with cases of individual grievance in the manners prescribed in section 33.
(i) to exercise exclusive jurisdiction over the establishment or group of establishments situated in the Islamabad Capital Territory and trans- provincial; and
(j) such other powers and functions as the Government may, by notification in the official Gazette, assign to it from time to time.
Benches of the Commission
(a) a Full Bench of the Commission which shall consist of not less than three members of the Commission to hear appeals against judgements of Single Benches
(b) as many other Benches of the Commission consisting of one member of the Commission, to hear cases of unfair labour practices, individual grievances and miscellaneous application/complaints.
Additional powers of the Commission
(a) The Commission shall have power to punish any person who obstructs or abuses its process or disobeys any of its orders or directions, or does anything which tends to prejudice the case of a party before it, or tends to bring it or any of its members in relation to proceedings of the Commission into hatred or contempt, or does anything which, by law, constitutes contempt of Court, with simple imprisonment which may extend to six months or with fine which may extend to fifty thousand rupees, or with both; and
(b) for the purposes of any investigation, enquiry or adjudication to be made by the Commission under this Act, the Chairman or any member of the Commission may at any time between the hours of sunrise and sunset, and any other person authorised in writing by the Chairman or any member of the Commission in this behalf may, after he has given reasonable notice, enter any building, factory, establishment, workshop or other place or premises whatsoever and inspect the same or any work, machinery, appliance or article therein or interrogate any person therein in respect of anything situated therein or any matter relevant to matters before the Commission; and
(2) The Commission may, on the application of a party, or of its own motion,
(a) initiate prosecution, trial or proceedings, or take action, with regard to any matter relating to its functions;
(b) withdraw from a Labour Court of Province any application, proceedings or appeal relating to unfair labour practice, which fall within jurisdiction of the Commission: and
(c) grant such relief as it may deem fit including interim injunction.