worker Union registration in Pakistan.ki Registration,Trade union, difference between Labour court and NiRC law.
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| Jurisdiction of labour Court and NIRC Court |
To register a worker's union in Pakistan, the process typically involves the following steps:
1. **Formation of a Provisional Committee:**
- Form a provisional committee consisting of at least seven members.
- Hold a meeting to adopt the constitution of the union.
2. **Conduct Elections:**
- Conduct elections for office bearers of the union, such as President, General Secretary, etc.
3. **Submission of Application:**
- Prepare the application for registration of the union.
- Submit the application to the relevant government authority, which is usually the Registrar of Trade Unions.
4. **Required Documentation:**
- Attach necessary documents with the application, including a copy of the constitution, a list of members, and details of the executive committee.
5. **Verification and Approval:**
- The Registrar will verify the application and supporting documents.
- Once satisfied, the Registrar will issue a certificate of registration.
6. **Notification and Publication:**
- The registration is notified in the official gazette.
- The union should also publish the registration details in at least one Urdu and one English newspaper.
7. **Membership Fee:**
- Pay the prescribed fee for registration.
It's important to note that specific procedures and requirements may vary, and it's advisable to consult the relevant labor department or our legal professional in Pakistan for the most up-to-date and accurate information based on the current laws and regulations.
پاکستان میں ورکرز یونین کو رجسٹر کرنے کے لیے، اس عمل میں عام طور پر درج ذیل مراحل شامل ہوتے ہیں: 1. **ایک عارضی کمیٹی کی تشکیل:** - کم از کم سات اراکین پر مشتمل ایک عارضی کمیٹی تشکیل دیں۔ - یونین کے آئین کو اپنانے کے لیے میٹنگ کریں۔ 2. **انتخابات کا انعقاد:** - یونین کے عہدیداروں جیسے صدر، جنرل سکریٹری وغیرہ کے انتخابات کا انعقاد۔ 3. **درخواست جمع کرنا:** - یونین کی رجسٹریشن کے لیے درخواست تیار کریں۔ - درخواست کو متعلقہ سرکاری اتھارٹی کو جمع کروائیں، جو عام طور پر ٹریڈ یونینز کا رجسٹرار ہوتا ہے۔ 4. **مطلوبہ دستاویزات:** - درخواست کے ساتھ ضروری دستاویزات منسلک کریں، بشمول آئین کی ایک کاپی، اراکین کی فہرست، اور ایگزیکٹو کمیٹی کی تفصیلات۔ 5. **تصدیق اور منظوری:** - رجسٹرار درخواست اور معاون دستاویزات کی تصدیق کرے گا۔ - مطمئن ہونے کے بعد، رجسٹرار رجسٹریشن کا سرٹیفکیٹ جاری کرے گا۔ 6. **اطلاع اور اشاعت:** - رجسٹریشن کو سرکاری گزٹ میں مطلع کیا جاتا ہے۔ - یونین کو کم از کم ایک اردو اور ایک انگریزی اخبار میں رجسٹریشن کی تفصیلات بھی شائع کرنی چاہئیں۔ 7. **رکنیت کی فیس:** - رجسٹریشن کے لیے مقررہ فیس ادا کریں۔ یہ نوٹ کرنا ضروری ہے کہ مخصوص طریقہ کار اور تقاضے مختلف ہو سکتے ہیں، اور موجودہ قوانین اور ضوابط کی بنیاد پر تازہ ترین اور درست معلومات کے لیے پاکستان میں متعلقہ لیبر ڈیپارٹمنٹ یا ھمارے قانونی ماھر ین سے مشورہ کرنا ضروری ہے۔
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| Difference between NIRC and labour law |
Ju companies mukhtalaf izlaa main kam karti hain un ko NIRC ke qanoon ke mutabaq deal kia jata hai or ju companies deal karti hain ya kam karti hain aik city.ya soobe main un ko labour court deal karti ha.
Following case law main respondant ne company main trade union register karwai labour court punjab ke qanoon ke mutabaq magar company NIRC ke under aati thi .
Trade union ko or impugned order ko Lahore High court ne setaside kar diya.
For more information call or Whatsapp 03244010279
Judgement
Writ Petition tereo.HCJDA 38.
Judgment Sheet
LAHORE HIGH COURT
RAWALPINDI BENCH RAWALPINDI
JUDICIAL DEPARTMENT
….
WRIT PETITION NO.3383 of 2022
M/s INDEPENDENT NEWSPAPERS CORPORATION (PVT.)
LIMITED Through its authorized attorney, a private limited company
and publisher of urdu newspaper ‘Daily Jang’
Versus
PROVINCE OF PUNJAB Through Director General-Directorate
General of Labour Welfare, Labour & Human Resource Department,
Government of Punjab and 2 others
JUDGMENT
Date of hearing:
10.04.2023
Petitioner by:
Mr. Muhammad Mehmood
Ali, Advocate.
Respondents No.1 & 2 by: Malik Amjad Ali, Additional
Advocate General for Punjab.
Respondent No.3 by:
Mr. Muhammad Arif Khawaja,
Advocate.
MIRZA VIQAS RAUF, J. The petitioner herein is a private
limited company registered under the Companies Act, 2017 dealing
with the business of publishing newspapers most commonly known as
“Daily Jang”, “Weekly Akhbar-e-Jehan” etc. As per claim of the
petitioner-company, it is a trans-provincial establishment having its
place of businesses at Karachi, Lahore, Rawalpindi, Quetta, Multan
and London and as such matter relating to formation of trade unions
and federations or trade unions, determining the collective bargaining
agents, regulation of relations between employers and workers, the
avoidance and settlement of any differences or disputes arising of 2022-2-
between them or matters connected therewith and ancillary thereto are
to be dealt with under the Industrial Relations Act, 2012 (hereinafter
referred to as “Act, 2012”). Furthermore the disputes between the
company and its employees are to be adjudicated by the National
Industrial Relations Commission (hereinafter referred to as
“N.I.R.C.”) under the Act ibid. The grievance of the petitionercompany canvassed herein is that respondent No.3 is a trade union in
the establishment of the petitioner-company which has been got
registered by its members under the Punjab Industrial Relations Act,
2010 (hereinafter referred to as “Act, 2010”) with Registrar Trade
Unions, Rawalpindi (respondent No.2) by submitting false documents
and information. On attaining the knowledge about registration of
respondent No.3 with respondent No.2, the petitioner moved an
application to respondent No.2 for revocation of certificate of
registration of respondent No.3, however, it was rejected summarily
by way of order dated 22nd August, 2022, which is now impugned in
the instant petition under Article 199 of the Constitution of the Islamic
Republic of Pakistan, 1973.
2.
This petition was admitted for regular hearing vide order dated
23rd November, 2022 in response to which the respondents submitted
their respective written statements. The stance of respondents No.1 &
2 in their written statement is that a local trade union namely “Daily
Jang & Press Workers Union, Rawalpindi” is already registered with
them since 05th March, 1983 and since then they have not received
any objections from the petitioner to this effect. The petition has
mainly been resisted by respondent No.3 on the ground that the trade
union was registered after fulfillment of all the codal formalities. It is
also one of the grounds of resistance that there is already a trade union
which exists in the petitioner establishment and registered by the
Registrar of trade union with the name “Daily Jang and Press Workers
Union Rawalpindi” which has never been challenged by the
petitioner-company and as such it is now precluded to challenge the
registration of respondent No.3.
Writ Petition No.3383 of 2022
-3-
3.
Arguments have been addressed by learned counsel for the
petitioner and respondent No.3 as well as learned Law Officer at
considerable length. In the light of respective submissions, I have
perused the record.
4.
The status of the petitioner-company being trans-provincial
establishment is not disputed seriously by any of the respondents. In
this backdrop the moot point which requires determination of this
Court is as to “what is the forum and the law for registration
of trade union in case of trans-provincial establishment?”.
5.
“Act, 2012” was promulgated on 14th March, 2012 to
consolidate and rationalize the law in Islamabad Capital Territory and
at trans-provincial level, relating to formation of trade unions and
Wo companies ju local level per kam karti hain or un ka business aik province main ha un ko labour court deal karti ha or ju companies poore Pakistan main ya mukhtalaf provinces main kam karti hain un un ko NIRC deal karta ha.
Following judgement ma trade union ko register karwaia gia local law ke tehat jab ke company mukhtalaf izlaa main kam karti thi. High court ne impugned order ko setaside kar ke trade union ko khatam kar dia
federations or trade unions, determining the collective bargaining
agents, regulation of relations between employers and workers, the
avoidance and settlement of any differences or disputes arising
between them or matters connected therewith and ancillary thereto. It
was made applicable to all persons employed in any establishment or
industry, in the Islamabad Capital Territory or carrying on business in
more than one province. The term “establishment” is defined in
Section 2(x) of the “Act, 2012” in the following manner :-
“(x)
“establishment” means any office, firm, factory, society,
undertaking, company, shop or enterprise, which employs
workmen directly or through a contractor for the purpose of
carrying on any business or industry and includes all its
departments and branches in the Islamabad Capital Territory or
falling in more than one province, whether situated in the same
place or in different places and except in Section 62 includes a
collective bargaining unit, if any, constituted by any
establishment or group of establishments;”
Whereas sub-section (xxxii) of Section 2 of the “Act, 2012” provides
the definition of “trans-provincial” in the following manner :-
“(xxxii) “trans-provincial” means any establishment, group of
establishments, industry, having its branches in more than one
province
Writ Petition No.3383 of 2022
-4-
There thus remains no cavil that the petitioner-company is a transprovincial establishment, so in this eventuality “Act, 2012” would
come into play.
6.
Chapter-II of the Act ibid provides the manner of registration of
trade unions. Section 2(vi) of the “Act, 2012” provides the definition
of “Commission” in the following manner :-
“(vi) “Commission” means the Industrial Relations
Commission constituted under Section 53;”
Section 53 of the “Act, 2012” deals with the composition of
“N.I.R.C.” whereas Section 54 of the Act ibid lays down its numerous
functions amongst which the registration of trade union is also one of
the pivotal functions of the same. For ready reference and
convenience, Section 54 of the “Act, 2012” is reproduced below :-
“54. 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;
;
;
;
From sub clause (b) it clearly manifests that in case of trans-provincial
establishment the trade union shall be registered by the “N.I.R.C.”.
Contrary to the above, respondent No.3 was registered by respondent
No.2 while invoking Section 9 of the “Act, 2010” whose applicability
is only restricted to the Province of Punjab and as such it cannot be
stretched in case of trans-provincial establishment.
7.
Learned counsel for respondent No.3 as well as learned Law
Officer when confronted as to how the registration of respondent No.3
was made by respondent No.2 while invoking the latter Act, they have
Writ Petition No.3383 of 2022
-5-
failed to give any plausible answer. In order to properly comprehend
the proposition involved herein guidance can be sought from
PAKISTAN TELECOMMUNICATION COMPANY LTD. versus MEMBER NIRC
and others (2014 SCMR 535). Relevant extract from the same is
reproduced below :-
“12.
After combined reading of the scheme of new labour
laws, both Provincial and Federal, it may be concluded without
any fear of rebuttal that two parallel forums have been created,
one on a provincial basis whereas latter is federal level forum,
called NIRC. Both these forums are having jurisdiction to deal
with industrial disputes and unfair labour practice and other
allied matters either attributable to the employer or the
workers/workmen, however, the Federal Law has drawn a clear
demarcation line of jurisdiction of these two different forums, i.e.
Labour Courts in the Provinces and the other NIRC at the
Federal Level. It is not the nature of dispute, particularly, unfair
labour practice, which confers jurisdiction on one or the other
forum but it is the status of the employer or the group of
employers, which would determine the jurisdiction of the
Provincial Labour Court and that of the NIRC. To be more clear
on the point we have no hesitation to hold that once it is
established though any means that the employer or group of
employers has an establishment, group of establishments,
industry, having its branches in more than one Provinces, then
the jurisdiction of the NIRC would be exclusive in nature and of
overriding and super imposing effects over the Provincial Labour
Court for resolving industrial dispute including unfair labour
practice, etc. related to the employer, having its establishment or
branches or industrial units in more than one Province and recourse has to be made by the aggrieved party to the NIRC and
not to the Provincial Labour Court.”
8.
It is noticed that in the case reported as Messrs UNILEVER
PAKISTAN FOODS LIMITED versus REGISTRAR, TRADE UNIONS and others
(2017 PLC 102) a learned Single Bench of this Court has also pondered
upon the scope of both the above referred statues and held as under :-
“10.
Both PIRA, 2010 and IRA, 2012 have received
considerable judicial scrutiny in a fairly small amount of time
since these enactments were promulgated. The two judgments
that will be cited below interpreted and laid down law that have
settled a number of issues including the ones raised in these writ
petitions. In Pakistan Telecommunication's case, the Hon'ble
Supreme Court had the occasion to dilate upon the two
enactments and their scope. After reviewing the provisions of
both PIRA, 2010 and IRA, 2012, it was held thus
12. After combined reading of the scheme of new labour
laws, both Provincial and Federal, it may be concluded
without any fear of rebuttal that two parallel forums have
been created, one on a provincial basis whereas latter is
federal level forum, called NIRC. Both these forums are
having jurisdiction to deal with industrial disputes and unfair
labour practice and other allied matters either attributable to
the employer or the workers/ workmen, however, the Federal
Writ Petition No.3383 of 2022
-6-
Law has drawn a clear demarcation line of jurisdiction of
these two different forums, i.e. Labour Courts in the
Provinces and the other NIRC at the Federal Level. It is not
the nature of dispute, particularly, unfair labour practice,
which confers jurisdiction on one or the other forum but it is
the status of the employer or the group of employers, which
would determine the jurisdiction of the Provincial Labour
Court and that of the NIRC. To be more clear on the point we
have no hesitation to hold that once it is established through
any means that the employer or group of employers has an
establishment, group of establishments, industry, having its
branches in more than one Provinces, then the jurisdiction of
the NIRC would be exclusive in nature and of overriding and
super imposing effects over the Provincial Labour Court for
resolving industrial dispute including unfair labour practice,
etc. related to the employers, having it establishment or
branches or industrial units in more than one Province and recourse has to be made by the aggrieved party to the NIRC
and not to the Provincial Labour Court.
13. Even otherwise under the provision of Article 143 of the
Constitution of Pakistan, 1973, laws enacted by the
Parliament have been given overriding and superimposing
effects over the laws enacted by a Provincial Assembly of
any of the Province and in case of any clash or repugnancy
between the two, the laws enacted by the Parliament shall
prevail. Thus, on the touchstone of the provision of Article
143 of the Constitution, the Act of Parliament has been
placed on the high pedestal and any Provincial Law enacted
by the Provincial Assembly shall give way to the Federal
Law, enacted by the Parliament, if the former is inconsistent
or repugnant to the latter. Therefore, it is held that the
provision of Act X of 2012 (the IRA, 2012) has overriding
effect on all Provincial Labour Laws. Judged from this angle,
we are of the firm view that in the present case, the learned
Judge in Chamber of the Lahore High Court. Lahore while
drawing the impugned judgment dated 26-11-2012 could not
properly comprehend the intents and objects of the above
provisions of law, rather misconstrued and misinterpreted the
same, resulting into miscarriage of justice, the impugned
judgment being not sustainable in the eye of law is liable to
be set at naught. (emphasis supplied)
11.
The issue of the vires of IRA, 2012 was deferred in the
afore-mentioned judgment by the Hon'ble Supreme Court but it
soon cropped up before this Court. A learned Division Bench of
this Court in ICA No.53 of 2013 titled PTV Employees Ittehad
Union Punjab v. Federation of Pakistan had the opportunity to
delve in the matter. After tracing the history of Labour laws and
a number of judgments on the subject, the vires of IRA, 2012
was upheld. While doing so, the determinations made by the
learned Division Bench of this Court were as follows:
(i) IRA, 2012 is applicable only to establishments located in
Islamabad Capital Territory and Trans-Provincial
Establishments and undertakings which have presence,
factories and offices etc in more than one Province.
(ii) The law has been promulgated to provide a mechanism
for enforcement of a fundamental right i.e. freedom of
association as enshrined in Article 17 of the Constitution to
workers working in establishments operating in the
Islamabad Capital Territory and in trans-provincial
establishments and industry
Writ Petition No.3383 of 2022
-7-
(iii)It is designed to provide a uniform and unified legal
system and mechanism for enforcement of ILO Convention
Nos.87 and 98 throughout the country.
(iv)The law is aimed at providing a legal framework relating
to formation of trade unions, federation of trade unions,
determining collective bargaining agents, regulation of
relations between employers and workers of establishments
in the Islamabad Capital Territory and in trans-provincial
establishments and industry considering that such mechanism
would not be available under provincial laws which have
reach and applicability only within the territorial limits of
each province.
(v) For the aforenoted purpose, Chapter 8 of the IRA, 2012
provides for constitution of a National Industrial Relation
Commission (NIRC). It has the mandate to adjudicate and
determine industrial disputes in Islamabad Capital Territory
and relating to workmen of trans-provincial establishments,
to register trade unions and industry wise trade unions and
federations of such trade unions, to determine collective
bargaining agents amongst trade unions and industry wise
trade unions, to deal with cases of unfair labour practices etc.
NIRC also advises the Federal Government on matters
involving trade unions and industry wise trade unions in
Islamabad Capital Territory and at a trans-provincial level in
respect of education of workers in the essentials of trade
unionism. This includes education in respect of their rights
and obligations and to secure the provision of facilities
required therefor and to apportion costs between
Government, trade unions and federations of such trade
unions and employers in such manner as may be considered
equitable. The NIRC has exclusive jurisdiction in the
aforesaid matters over establishments and group of
establishments situated in Islamabad Capital Territory and
trans-provincial establishments. (Emphasis supplied)
12.
The dicta laid down in the afore-mentioned judgments
leaves no room for doubt that the formation of trade unions of
the workers of a trans-provincial Establishment and the matters
incidental thereto are regulated by IRA, 2012. The petitioner
being a trans-provincial Establishment is accordingly governed
by IRA, 2012 and the unions operating in its various factories,
offices and departments shall have to be registered with NIRC. It
may be stated that in view of the importance of the issue, NIRC
also got itself represented through its law officer and filed a
specific report in the light of order dated 22.06.2016 passed by
this Court requiring NIRC to answer the query as to whether
respondent No.2 being a union located in one factory of the
petitioner can be registered with NIRC or not. NIRC in the
additional report by relying upon the judgment Pakistan
Telecommunication Company Limited v. Member NIRC and
others 2014 SCMR 535 made it clear that it was the status of the
petitioner which would determine the question of registration of
respondent No.2 with NIRC.
13.
In the present case there is no dispute that respondent
No.2 has a right to register itself as a trade union. This right of
respondent No.2 is not even disputed by the petitioner. The case
of the petitioner is simply that the Provincial Registrar exceeded
his jurisdiction in registering respondent No.2 as the trade union
under the provisions of PIRA, 2010 whereas the petitioner being
a trans-provincial Establishment, the jurisdiction vested with
NIRC under IRA, 2012. This stance of the petitioner is supported
Writ Petition No.3383 of 2022
-8-
both by NIRC and Federal Government.
14.
It was also asserted that the members of respondent No.2
were not the employees of the petitioner but were in fact the
employees of respondents Nos.4 and 5 who were the independent
contractors, the implication being that such members had no
right to get themselves registered as a trade union. This
contention has no force in view of the clearly worded definition
of "Worker" and "Workman" contained in section 2(xxxiii) of
IRA, 2012. Similarly, the fact that other workers unions
operating in the factory/offices/departments of the petitioner
were registered with the Provincial Registrar hardly provides any
lawful justification for the grant of similar status to respondent
No.2.
15.
This Court has already come to the conclusion that
petitioner is indeed a trans-provincial Establishment based on the
annual report 2015 brought on the record by the petitioner.
Respondent No.2 also did not seriously object to the said status
of the petitioner. Having established that the petitioner enjoyed
trans-provincial status, the controversy regarding the law which
governs the registration of the trade union of a trans-provincial
Establishment does not pose a serious problem as it is covered by
the ratio of the afore-mentioned two judgments according to
which the nature of dispute does not confer jurisdiction on the
relevant forum rather it is the status of the employer which is the
determining factor and that NIRC is the sole authority with the
power to register trade unions and industry-wise trade unions
pertaining to the trans-provincial Establishments. The Provincial
Registrar/respondent No.1 indeed misconstrued the provisions of
Factories Act, 1934 in registering respondent No.2 whereas it
had no authority under the law to do so. Order dated 17.08.2015
passed by the Provincial Registrar/respondent No.1 is, therefore,
liable to be set aside.
16.
In the result, this writ petition succeeds and orders dated
13.05.2014 and 17.08.2015 are set aside being without lawful
authority and of no legal effect.”
Reference to this effect can also be made to P.T.V. EMPLOYEES’
ITTEHAD UNION, PUNJAB through Secretary versus FEDERATION OF
PAKISTAN through Secretary Government of Pakistan, Ministry of Law and
Parliamentary Affairs and 6 others (2018 PLC 136).
9.
The nutshell of above discussion is that respondent No.2 was
not competent to register respondent No.3 as trade union and the
registration certificate dated 02nd July, 2022 is without any lawful
authority and coram non judice, as a sequel thereof this petition is
allowed as prayed for, with no order as to costs.
(MIRZA VIQAS RAUF)
JUDGE
APPROVED FOR REPORTING
JUDGE
Shahbaz Ali*
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