The Industrial Relations Ordinance, 1969

Penalties and Procedures
 
53. Penalty for unfair labour practices : (73[(1) Whoever contravenes the provisions of Sec. 8-A shall be punishable with imprisonment which may extend to three years, or with fine which may extend to two thousand rupees, or with both]. 

74[(1-A)] whoever contravenes the provisions of Section 15 shall be punishable with imprisonment which may extend to 75[four years], or with fine which may extend to 76[ten] thousand rupees, or with both. 

(2)Whoever contravenes the provisions of Section 16, other than those of clause (d) of sub-section (1) thereof, shall be punishable with imprisonment which may extend to 77[three years], or with fine which may extend to 78[five] hundred rupees, or with both. 

79[(3) An officer of a trade union, a workman or person other than a workman who contravenes or abets the contravention of the provisions of clause (d) of sub-section (1) of Section 16 shall be punishable with imprisonment for a term which may extend to 80[three years], or with fine which may extend to 81[five] thousand rupees, or with both. 

(4) Where the person accused of an offence under sub-section (3) is an officer of a trade union, the National Industrial Relations Commission may, in addition to any other punishment which it may award to such person under that sub-section, direct that he shall cease to hold the office of such officer and be disqualifed from holding any office in any trade union during the term immediately following the term in which he so ceases to hold office.] 

82[(5) Whoever contravenes the provisions of Sec. 47-A shall be punishable with imprisonment which may extend to three years, or with fine which may extend to two thousand rupees, or with both. 

83[(6) Nothing in this Ordinance shall be deemed to exclude the jurisdiction of a 84[Labour Court] or the Court of a Magistrate to try a case under this section if it is authorised to do so by general or special order of the Commission.] 

54. Penalty for committing breach of settlement : Whoever commits any breach of any term of any settlement, award or decision which is binding on him under this Ordinance shall be punishable:- 

(a) for the first offence, with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both; and 

(b) for each subsequent offence, with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees or with both. 

55. Penalty for falling to implement settlement, etc :Whoever wilfully fails to implement any term of any settlement, award or decision which it is his duty under this Ordinance to implement shall be punishable with imprisonment for a term which may extend to one year, or with a fine which may extend to ruppes five hundred or with both, and, in the case of continuing failure, with a further fine which may extend to two hundred rupees for every day after the first during which the failure continues. 

56. Penalty for false settlements, etc : Whoever wilfully makes or causes to be made in any application or other document submitted under this Ordinance or the rules thereunder, any statement which he knows or has reason to believe to be false, or wilfully neglects or fails to maintain or furnish any list, document or information he is required to maintain or furnish, under this Ordinance or the rules thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. 

57, 58, and 59. [Omitted by the Industrial Relations (Amdt.) Act, XVI of 1975, S. 26.] 

60. Penalty for discharging officer of trade union in certain circumstances, etc :Any employer who contravenes the provisions of Section 47 shall be punishable with imprisonment for a term which may extend to five thousand rupees or with both. 

61. Penalty for embezzlement or misappropriation of funds :Any officer or any employee of a registered trade union, guilty of embezzlement or misappropriation of trade union funds, shall be punishable with imprisonment for a term which may extend to one year, and shall also be liable to a fine, which shall not exceed the amount found by the Court to have been embezzled or isappropriated. Upon realization, the amount of fine may be reimbursed by the Court to the trade union concerned. 

62. Penalty for other offences : Whoever contravenes, or fails to comply with, any of the provisions of this Ordinance shall, if no other penalty is provided by this Ordinance for such contravention or failure, be punishable with fine which may extend to two hundred and fifty rupees. 

86[62-A, Offence to be non-congnizable : Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) on police officer shall be competent to arrest without warrant an employer or a worker for an offence under this Ordinance other than the offence of illegal strike or illegal lock-out continued in contravention of an order made under sub-section (3) of Section 46-A]. 

63. Offences by corporation : Where the prson guilty of any offence under this Ordinance is a 
company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the offence was committed without his knowledge or consent or that he exercised all due diligence to prevent the commission of the offence, be deemed to be guilty of such offence : 

87[Provided that, where a Company has intimated to Government in writing the name of any of its 
directors resident in Pakistan whom it has nominated for the purpose of this section and the offence is committed while such director continues to be so nominated, only such director shall be so deemed to be guilty of such offence.] 

64. Trial of offences : 88[Save as provided in this Ordinance, no]. Court other than a Labour Court or that of a Magistrate of the First Class shall try any offence punishable under this Ordinance.

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