SOAS Research Online

Abstract

With the rapid growth of industry in Pakistan, the relations between employer and employee raise problems of increasing importance. Under the existing law an industrial dispute is initially handled by a conciliator, who endeavours to bring out an amicable settlement between the disputants; if he fails, it is submitted to the adjudication of an industrial court. Chapter I gives an introduction to the subject; Chapter II deals with the constitutions, functions and powers of a works committee, a conciliation officer and also with those of an industrial court, which, on an application by a party or on the basis of a reference made by Government, adjudicates on an industrial dispute. A comprehensive study of the basis of jurisdiction, with reference to the subject under dispute, the parties to it, the relevant statutory provisions and decided cases is undertaken in Chapter III, which also contains a comparative review of the corresponding statutes and relevant cases in England. Disputes over wages and their settlement by the courts, and tribunals (defunct since 1960) have been thoroughly investigated in Chapter IV; appropriate suggestions and comments have been made. Disputes over dearness allowance have also been dealt with. The problem of bonus, which workers are entitled to claim as a matter of right out of the profits of a company, has been studied in Chapter V, Other non-wage benefits, which arise out of the conflict of Interests, have been discussed in Chapters VI and VII. An analysis of the conditions of employment of workers, based on statutory provisions and judicial, decisions, has been made in Chapters VIII and IX. Conclusions have been drawm, incorporating appropriate suggestions, in Chapter X. The industrial courts in Pakistan, despite their drawbacks, have proved to be an effective machinery for the settlement of industrial disputes. In course of time these courts, it is expected, will play an increasingly important role in preserving industrial peace in Pakistan.