Mode of Construction of The Benches of The National Industrial Relations Commission with Emphasis on Function and Powers Such Bench

(1) Introduction

National industrial relation commission mainly deals with matters concerning industry wise trade union including dealing with the cases of unfair labor practices to advise government on trade union matters. ر

(2) Relevant provisions

Section 54, 55, 57 of industrial relations Act 2012 are relevant.

(3) Benches of the commission

According to section 55 of industrial relations Act 2012 the mode of construction of benches are fully described.

(4) Chairman.

The chairman shall exercise general superintendence over its affairs and for the efficient performance of the function of the commission the chairman shall constitute.

(i)  A full bench of the commission which shall consist of not less than 3 members.

(ii) As many other benches of the commission consisting of one member of the commission.

Duties of Bench

Following are the duties of Bench.

  • (1) Adjudicate dispute
  • (2) Matter relating to violation
  • (3) Try offences
  • (4) Exercise other powers
  • (5) Reconstitute the bench
  • (6) Validly of award

(1) Adjudicate dispute

The matter which is referred to a beach it shall adjudicate and determine an industrial dispute.

(2) Matter relating to violation

Inquire into and adjudicate any matter relating to the implementation or violation of a settlement which is referred to it by the federal government.

(3) Try offences

Try offences under this Act.

(4) Exercise other powers

Exercise and perform such other power and function as are may be confirmed upon or assigned to it by or under this Act or any other law.

(5) Reconstitute the bench

If any member of the commission is absent from, or is otherwise unable to attend ay sitting of the commission or of a bench consisting of more than one members of which he is a member the chairman may reconstitute the bench.

(6) Validly of award

No act proceeding, decision or award of the commission or bench shall be invalid only on the ground of absence.

Function of commission

According to section 54 of the industrial relation Act 2012 function the commission are described they are as followings

  • (1) Adjudicate and determine industrial dispute
  • (2) Register trade unions
  • (3) Collective bargaining agents
  • (4) Try punishable offences
  • (5) Unfair labor Practice
  • (6) Advise government
  • (7) Take measures
  • (8) Deal with cases of individual grievance
  • (9) Exercise exclusive jurisdiction
  • (10) Notification in official Gazette

(1) Adjudicate and determine industrial dispute

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 union 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 the government.

(2) Register trade unions

To register trade union and industry-wise trade unions of an establishment or group of establishment in the Islamabad capital territory and trans- provincial, and federation of such trade unions.

(3) Collective bargaining agents

To determine the collective bargaining agents amongst trade unions and industry- wise trade union in the Islamabad capital territory and Trans provincial federations of such trade unions.

(4) Try punishable offences

To try punishable offences under

(i) Section 67 other than sub-section (1) and (6) there of.

(ii) Any other section, in so far on they relate to employers or workmen.

(5) Unfair labor Practice

To deal with cases of unfair labor practice specified in section 31 and 32 on the part of employers, workers, trade unions of either of than or persons acting on behalf of any of them whether committed individually or collectively.

(6) Advise government

To advise the government trade unions and industry-wise trade union in 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 rights and obligations.

(7) Take measures

To take measures calculated to prevent an employer or workman from committing an unfair labour practice.

(8) Deal with cases of individual grievance

To deal with cases of individual grievance in the manners prescribed in section 33.

(9) Exercise exclusive jurisdiction

To exercise exclusive jurisdiction over the establishment or group of establishments situated in Islamabad capital territory and trans-provincial.

(10) Notification in official Gazette

Such other power and function as the government may by notification in the official gazette, assign to it from time to time.

Powers of the commission

According to section 57 of the industrial relation Act 2012 Additional powers of the commission are briefly described and they are as followings.

  • (1) Power to punish
  • (2) Power of investigation, inquiry or adjudication
  • (3) With reference to its functions
  • (4) With reference to labor court
  • (5) Un fair labor practice

(1) Power to punish

The commission shall have power to punish any person who obstructs or abuses its process or disobeys any of its orders or direction, 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 proceeding 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 fully thousand rupees or with both.

(2) Power of investigation, inquiry or adjudication

For the purpose of any investigation, inquiry 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 or sunset, and any other person authorized in writing by the chairman or any member of the commission on this behalf may enter any building, factory, establishment to interrogate.

(3) With reference to its functions

The commission may initiate prosecution, trial or proceeding or take actions with regard to any matter to its functions and that it may do so.

(i) On the application of a party, or

(ii) Of its own motion.

(4) With reference to labor court

The commission may with draw from a labor court any application, proceedings or appeal relating to unfair labor practice and that it may do so,

(i) On the application of a party

(ii) Of its own motion.

(5) Un fair labor practice

Where the commission is seized to deal with a case of unfair labor practice, it may.

(i) Proceed directly with case

(ii) Ask registrar within whose jurisdiction the case has occurred or is likely to occur to enquire into it and submit a report.

(iii) Refer the case to the labor court within whose jurisdiction the case has occurred or is likely to occur, either for report or for disposal.

Jurisdiction of the commission

No registrar labor court or labor appellant tribunal shall take any action or entertain any application or proceedings in respect of any matter which falls within the jurisdiction of the commission.

  • (i) Power of commission to prohibit strike
  • (ii) Power to make regulations

(i) Power of commission to prohibit strike

According to section 61 of industrial relation Act 2012 the commission may by an order in writing prohibit continuance of the strike or lockout

(ii) Power to make regulations

According to section 66 of the industrial relations Act 2012 Commission power to make regulations are described. The commission may with the prior approval of the federal Government make such regulations to its procedure and performance of its function as it may deem fit.

Conclusion

To conclude it can be stated that the national industrial relation commission is a forum to resolve dispute and settle matter at the highest level the purpose of establishing commission is basically is to impart substantial justice.

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