Q-8 Describe labour courts its constitution and power.
Ans: LABOUR COURT [SECTION 44]
The Industrial Relations Ordinance, 2002 does not provide any guiding principal to theLabour Courtso far as adjudication is concurred. The court has been left free to exercise its own discretion in the matters, Inspite of the unrestricted discretion the Labour Court Is npt free to act according to its own whims. It will have to confine itself to the matter which are brought on record and then decide the case in the light of the law applicable to the matter in dispute with reasonable fairness and which appears in ail respects equitable.
The Provincial Government in consultation with the Chief justice of the respective High Court establishes the required number of labour courts in the Province. The creation of the Labour Courts in notified in the Officials Gazette, indicating their territorial jurisdiction Each labour court is presided over by a judge to be called Presiding Officer. Such presiding officer must be qualified to be a judge or additional judge of the High Court or District Judge or additional District Judge (Sec. 44) (1,2,3).
According to Section 44(4) a labour court has the following functions.
1. It can adjudicate and determine any industrial dispute referred to it.
2, It can enquire into m adjudicate on any matter relating to implementation or violation of a settlement, which is referred to it by the Provincial Government.
3, It can try offence -under the IRO and all other offences under any other law specified by the Provincial Government.
4, It can exercise and perform other powers and functions, which are assigned to it under the law.
The powers of aLabour Courtare:
(a) Adjudicate and determine individual dispute.
(b) Adjudicate any matter relating to implementation or violation of settlement.
(c) Try offences as the Provincial Government may delegate.
(d) Exercise any other power or functions.
(e) Enforcing attendance of any person and examining him on oath.
(f) Compelling production of documents and material objects.
(g) Issuing commission for examination of witnesses or documents.
Procedure [Section 45]
The provisions of law are:
(i) Try an offence by following summary procedure.
(ii) Have the powers of court of Magistrate of first class.
(iii) No court fee shall be payable for filing, exhibiting or recording any document or obtaining any document.
LABOUR COURT AWARD [SECTION 47]
The award and decision of theLabour Courtare given in writing and delivered in the open court. Tufo copies of the award or decision are sent to the Provincial Government for publication in the official gazette. The provincial Government shall within a period of one month from the receipt of the copies of the award or decision, publish it in the official Gazette. (SecA7(l,2)
The award is appeal able to the High Court within thirty days of its delivery to the concerned party. The decision of the high court in such appeal will be final. SecA7 (3)
(a) Award u/s 47(2) (b) Decision u/s 46
(c) Decision or application u/s 33 (d) Sentence u/s 44(4) (c)
All decisions and all sentences passed by labour court shall be final and shall not be called in question before any court or other authority.
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National industrial relation commission established under L.R.O.