Last Change:
05/01/2025
Sindh Industrial Relations Act, 2013
Year: 2013
Type: Domestic law
Rights Category: Work & Workplace rights
Description
An Act to regulate formation of trade unions, regulation and improvement of relations between employers and workmen.
Selected provisions
(1) A worker may bring his grievance in respect of any right guaranteed or secured to him by or under any law or any award or settlement to the notice of his employer in writing, either himself or through his shop steward or collective bargaining agent within three months of the day on which the cause of such grievance arises. (2) Where a worker brings his grievance to the notice of the employer, the employer shall, within fifteen days of the grievance being brought to his notice, communicate his decision in writing to the worker. (3) Where a worker brings his grievance to the notice of his employer through his shop steward or collective bargaining agent, the employer shall, within seven days of the grievance being brought to his notice, communicate his decision in writing to the shop steward or the collective bargaining agent. (4) If the employer fails to communicate a decision within the period specified in sub-section (2) or sub-section (3) or if the worker is dissatisfied with such decision, the worker or the shop steward may take the matter to the collective bargaining agent or the Labour Court. (5) The collective bargaining agent may take the matter to the Labour Court, and where the matter is taken to the Labour Court, it shall give a decision within ninety days from the date of the matter being brought before it as if such matter was an industrial dispute. (6) A worker may, within a period of sixty days from the date of the communication of the employers‟ decision or from the date of the expiry of the period mentioned in sub-section (2) or sub-section (3), take the matter to the Labour Court. (7) In adjudicating and determining a grievance under this section, the Labour Court shall go into all the facts of the case and pass such orders as may be just and proper in the circumstances of the case. (8) Subject to the decision of the Tribunal, if a decision under this section given by the Labour Court is not given effect to or complied with within seven days or within the period specified in the decision, shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred thousand rupees or with both. (9) A person shall not be prosecuted under sub-section (8) except on a complaint in writing by the workman if the decision in his favour is not implemented within the period specified in that sub-section. (10) For the purposes of this section, workers having common grievance arising out of a common cause of action may make a joint application to the Labour Court.
(1) Government may, by notification in the official Gazette, establish as many Labour Courts as it considers necessary and, where it establishes more than one Labour Court, shall specify in the notification the territorial limits within which or the industries or classes of cases in respect of which, each one of them shall exercise jurisdiction under this Act.
(2) A Labour Court shall consist of one presiding officer appointed by Government.
(3) A person shall not be qualified for appointment as presiding officer unless he has been or is a District Judge or an Additional District Judge.
(4) A Labour Court shall–
(a) adjudicate and determine an industrial dispute which has been referred to, or brought before it under the Act;
(b) enquire into and adjudicate any matter relating to the implementation or violation of a settlement which is referred to it by the Government;
(c) try offences under the Act and such other offences under any other law as the Government may, by notification in the official Gazette, specify in this behalf;
(d) try offences punishable under section 65;
(e) to deal with cases of unfair labour practices specified in sections 17 and 18 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 34 or section 44 or in such other way;
(f) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under the Act or any other law; and
(g) grant such relief as it may deem fit including an interim relief.
(4) An interim order passed by a Labour Court shall stand vacated on the expiration of twenty days unless, for reasons to be recorded in writing, it is, from time to time for a period not exceeding twenty days, extended by the Labour Court.
Subject to the provisions of this Act and notwithstanding any other law-
(i) workers without distinction whatsoever, shall have the right to establish and subject to the rules of the organization concerned, join trade union and associations of their own choice without previous authorization:
Provided that in the establishment where women are also employed, the trade union shall include the women in the executive and office bearers of the said trade union with the same proportion in which they are employed in the establishment;
(ii) a worker shall not be entitled to be a member of more than one trade unions at any one time and on joining another trade union, his earlier membership of the other trade union shall stand cancelled;
(iii) employers may establish and, subject to the rules of the organization, may join associations of their own choice without previous authorization;
(iv) every trade union and employers association shall frame its own constitution and rules to elect its representatives in full freedom to organize its administration and activities and to formulate its programmes; and
(v) workers‟ or employers‟ organizations may establish and join federations and confederations and any such organization, federation or confederation may affiliate with international organizations and confederations of workers‟ or employers‟ organizations.