Write a comprehensive note on National Industrial relation Commission.

(1) Introduction

Industrial Relations Act has provided Industrial Relations Commission. According to this Act, no Registrar, Labour Court or Labour Appellant Tribunal can take any action or can entertain any application or proceedings in respect of any matter, which falls within jurisdiction of this commission. Even no Court and Labour Court is to take any action or is to entertain any application or proceedings in respect of a case of unfair labour practice, which is being dealt with by this commission.

(2) Meaning

According to Industrial Relations Act, commission means that Industrial Relations Commission, which is constituted under Section No. 53 of this Act.

(3) Explanation

Following points are important for explanation of this commission:

(i) Constitution

(ii) Membership

(iii) Appointment of members & chairman

(iv) Benches

(v) Functions

(vi) Additional powers

 

(i) Constitution

Federal government constitutes National Industrial Relations Commission.

(ii) Membership

This commission consists of not less than ten members. Its chairman is also included in its members.

(iii) Appointment Of Members & Chairman

Following points are important for explanation of appointment of its members and chairman:

(a) Qualification for appointment

(b) Appointment by federal government

(c) Two members to advise chairman

(d) One member to represent employers

(e) One member to represent trade unions & federations of trade unions

 

(a) Qualification For Appointment

There is prescribed qualification for appointment of members and chairman of this commission.

(b) Appointment By Federal Government

Federal government appoints its chairman and members in prescribed manner.

(c) Two Members To Advise Chairman

Two of its members are appointed to advise its chairman.

(d) One Member To Represent Employers

One of its members is appointed to represent employers.

(e) One member To Represent Trade Unions & Federations Of Trade Unions

One of its members is appointed to represent rade unions and federations of such trade unions.

(iv) Benches

There can be a full bench and several benches of this commission. Its chairman can constitute a full bench. Even he/she can constitute as many other benches as he/she deems fit.

(v) Functions

This commission performs several functions. Followings are some of them:

(a) Adjudication & determination of industrial dispute

(b) Registration of trade unions & industry-wise trade unions

(c) Determination of collective bargaining agents

(d)  Trial of offences

(e) Cases of unfair labor practices (e)

(f) Measures against unfair labour practices”

(g) Advice for government, trade unions & industry-wise trade unions

(h) Cases of individual grievance

(i) Exclusive jurisdiction

(j) Other powers & functions

 

(a) Adjudication & Determination Of Industrial Dispute

It is to adjudicate and determine an industrial dispute.

(b) Registration Of Trade Unions & Industry-Wise Trade Unions

It is to register trade unions and industry-wise trade unions of an establishment or group of establishments in Islamabad Capital Territory and trans-provincial, and federations of such trade unions.

(c) Determination Of Collective Bargaining Agents

It is to determine collective bargaining agents amongst trade unions and industry-wise trade unions in Islamabad Capital Territory and trans-provincial and federations of such trade unions.

(d) Trial Of Offences

It is to try offences, which are punishable under Section 67 of Industrial Relations Act. Even it is to try those offences, which are punishable under any other section of this Act when these offences relate to employers or workers in relation to a trade union or an industry-wise trade union in Islamabad Capital Territory and trans-provincial, and a federation of such trade unions, or officers of such union or federation. However, it is not to try those offences, which are punishable under sub-sections (1) and (6) of Section No. 67 of Industrial Relations Act.

(e) Cases Of Unfair Labour Practices

It is to deal with cases of unfair labour practices, which have been specified in Sections No. 31 and 32 of Industrial Relations Act..

(f) Measures Against Unfair Labour Practices

It is to take measures to prevent an employer or workman from committing an unfair labour practice.

(g) Advice For Government, Trade Unions & industry-Wise Trade Unions

It is to advise government, trade unions and industry-wise trade unions in Islamabad Capital Territory and trans-provincial, and federations.

(h) Cases Of Individual Grievance

It is to deal with cases of individual grievance in that manners, which have been prescribed in Section No. 33 of Industrial Relations Act.

(i) Exclusive Jurisdiction

It is to exercise exclusive jurisdiction over establishment or group of establishments situated in Islamabad Capital Territory and trans-provincial.

(j) Other Powers & Functions

It is to exercise those other powers and is to perform those other functions, which federal government assigns to it.

(vi) Additional Powers

It is to exercise those additional powers, which have been mentioned in Indsutrial Relations Act

(4) Conclusion

To conclude, it can be stated that no act, proceedings, decision or award of commission can be invalid or can be called in question on ground of absence of vacancy in constitution of commission or on ground of existence of vacancy in constitution of commission or on ground of any defect in constitution of commission.

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