N.-W.F.P. Industrial Relations Rules 1974

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THE NORTH-WEST FRONTIER PROVINCE INDUSTRIAL, RELATIONS RULES, 1974

[No. SOL‑V‑195/74, dated 11th July, 1974. Rules framed by the Government of North‑West Frontier Province, in consultation with the Federal Government, in exercise of the powers conferred by sub‑section (2) of section 66 of the Industrial Relations Ordinance, 1969 (Ord. XXIII of 1969).] [N. W. F. P. Govt. Gazette Extr. Aug. 5, 1974, p. 138.]

CHAPTER‑I

GENERAL

1. Short title anus commencement.‑(1) These rules may be called the North‑West Frontier Province Industrial Relations Rules,1974.

(2) They shall come into force at once.

2. Definitions.‑(1) In these rules, unless the context otherwise requires, the following expressions shall have the meaning hereby res pectively assigned to them, that is to say :‑

(a) "Balloting Officer" means an officer appointed as Balloting Officer under rule 25 ;

(b) "Director" means the Director of Labour, North‑West Frontier Province ;

(c) 'Federation" means a federation of, trade unions which a Registrar appointed by Government is empowered to register ;

(d) "Form" means a forth appended to these rules ;

(e) "Government" means the Government of the North-West Frontier Province ;

(f) 'Ordinance" means the Industrial Relations Ordinance, 1969 (Ord. XXIII of 1969) ;

(g) "Polling Officer" means an officer appointed as Polling Officer under rule 25 ;

(h) "Secret ballot" or "ballot" means secret ballot held under section 22 ;

(i) "Section" means a section of the Ordinance ;

(j) "Trade Union" or "Union" means a trade union or union registered Linden section 13:

(k) "Voter" means a person whose name is included in the list verified by the Registrar under sub‑section (5) of section 22.

(20 All other words and expressions used but not defined in there rules shall have the same meanings as are assigned to them in tile Ordinance,

3. Application for registration.‑(1) Every application for registration of a trade union made under section 5 shall be in Form A'.

(2) Every application for registration of a federation of trade unions wade under section 20 shall be in Form 'B'.

4. Maintenance of register of in embers, account books, minutes books, etc.=(1) The application for the membership of trade union shall be in Form 'C'.

(2), Every registered trade union shall maintain of members in Form' D' showing particulars of subscriptions paid by member.

(3) Every registered Federation shall maintain a register in Form E' showing all moneys received by it.

(4) Every registered trade union or registered federation shall maintain an account book in Form V showing its receipts and expenditure. The account book shall be a bound register and all pages shall be numbered serially.

(5) Every registered trade union or registered federation shill issue printed receipts for all moneys received and shall maintain granted receipt hooks every page of which shall be numbered serially, and an account of all' such receipt books shall be maintained.

(ii) All expenses to be incurred by a trade union or federation of trade unions shall be supported by vouchers in original.

(7) Every registered trade union or registered federation shall maintain a minutes book. The minutes book shall be a bound register, its all pages shall be numbered serially, and it shall contain the following information.

(a) date, place and time at which the meetings of the general body or the executive committee of the trade union or federation of trade unions are held ;

(b) details of ail points discussed and all resolutions passed:

(c) in the case of meetings of the general body, the approximate number of workers who attended the meetings of the executive committee, the names, and signatures of the officers of the executive who attended the meeting.

(8) The minutes of a meeting recorded in minutes book shall be confirmed in the subsequent meeting after reading out the minutes loudly arid taking consent of all members present.

5. Limit of members of the executive.‑(1) The number of members of the executive of a trade union is an establishment specified in column I of the table below shall not exceed the number mentioned against each in column 2 thereof :‑

TABLE

|-----------------------------------------------------------------------------|----------------| | No. of Workers | No. Executives | | 1 | 2 | | (a) Where the total number of workers does not exceed 50 | 5 | | (b) Where the total number of workers exceeds 50 bus does not exceed 100 | 8 | | (c) Where the total number of workers exceeds 100 but does not exceed 200 | 10 | | (d) Where the total number of workers exceeds 200 but does not exceed 300 | 12 | | (e) Where the total number of workers exceeds 300 but does not exceed 400 | 14 | | (f) Where the total number of workers exceeds 400 but does not exceed 500 | 16 | | (g) Where the number of workers exceeds 500 but does not exceed 600 | 18 | | (h) Where the total number of workers exceeds 600 but does not exceed 1000 | 20 | | (i) Where the total number of workers exceeds 1000 but does not exceed 5000 | 25 | | (j) Where the total number of workers exceeds 5000 | 30 |

(2) The provisions of sub‑rule (1) shall mutatis mutandis apply to a trade union whose membership extends to more than one establishment; provided that there shall be one member from amongst the workers employed in every such establishment who may be in addition to the number specified in column (2) of‑the above table.

6. Register of trade unions and federation of trade unions.‑The Registrar shall maintain a register of trade unions or federations regis tered by him in Form G' and Form H' respectively.

7. Certificate of Registration.‑A certificate of registration of trade union or federation of trade unions shall be in Form 'I'.

8. Powers and functions of Registrar.‑(1) The Registrar may enter the office of any trade union or federation of trade unions or any other premises, Which he has reason to believe to be used as an office of a trade union or a federation of trade unions, and make such inspection of the office or premises‑arid of any register or documents and take such evidence of any person as he may deem necessary for carrying out the purposes of the Ordinance.

(2) The Registrar, while inspecting the office of a trade union or federation of trade union, may call for any register or document for inspection.

(3) The Registrar may inspect the accounts books of a trade union or a federation of trade unions and call for any clarification or obtain any information in writing from the officers of the executive of such trade union or federation of trade unions relating to the maintenance of accounts.

(4) The Registrar may, at any time during working hours, enter office of remises of any establishment and make such examination of any register and document maintained by the employer and take such evidence any person as he deems necessary for carrying out the purposes of the Ordinance.

(5) The Registrar shall, for carrying out his functions under the Ordinance, have the power to seize any record, registers or other docu ments of any registered trade union or registered federation with such acknowledgement as he may consider necessary.

9. Auditors.‑(1) Save as provided in sub‑rules (2) and (3), the accounts of a registered trade union or a registered federation shall be audited annually by a Chartered Accountant within the meaning of Char tered Accountants Ordinance, 1961 (Ord. X of 1961).

(2) Where the membership of a registered trade union or an affiliated registered trade union of a registered federation does not exceed 500, the annual audit of the accounts may be conducted by‑

(a) any examiner of Local Fund Accounts; or

(b) any auditor appointed by Government or by Registrar of Co‑operative Societies or by any Provincial Cc‑operative Organisation recognised by Government for this purpose to conduct the audit of any Co‑operative Society; or

(c) any Local Fund Auditor appointed by the Government; or

(d) any person who; having held an appointment in Audit or Accounts Department, is in receipt of pension of not less than Rs. 300/ per mensem.

(3) Where the membership of a registered trade union or an affiliated registered trade union of a registered federation did not at any time during the year exceed 200, the annual audit of the accounts may be conducted by any of the two members of the registered trade union other than its officers:

Provided that no person who, at any time during the year concerned, was entrusted with any part of the funds or securities belonging to the regis tered trade union, shall be eligible to audit the accounts of that union.

10. Submission of general statement.‑The general statement which a registered trade union or registered federation is required to send annually to the Registrar under sub‑section (1) of section 21. shall be sent in Form `J' on or before the 31st March of the year next following the year to which the statement relates.

CHAPTER‑II

ELECTION

**11. Election.‑‑**On the direction of a Labour Court to the Registrar to hold a fresh election of a union, he will proceed to hold the said election in the manner hereinafter prescribed.

12. Procedure for election.‑The Registrar or any officer authorised by him shall call upon the union to send a list of paid membership and nomi nation papers of the intending officers of the union who want to contest the election, within 10 days of the reecipt of direction from the Labour Court.

13. Preparation of Voters List.‑Soon after the receipt of nomination papers and list of paid membership, the Registrar or any other officer Authorised by him shall call upon the contesting parties of union to pro duce all relevant record showing the names of the persons who are regular members of the union and after verification, a voter's list shall be prepared containing the names of those workers in the establishment, whose membership of the union has been confirmed and a copy of such list shall be given to the contesting parties at least 4 days before holding the election.

**14. Fixation of time and place.‑**The Registrar or any other officer authorised by him shall fix the date and time of holding election in the establishment.

15. Expenditure for the election.‑All the expenditure for holding the election under these rules shall be jointly borne by the officers of the union contesting the election and they shall also provide all other necessary facilities to the Registrar Trade Unions for holding the election.

15. Application of Chapter III.‑The provisions of Chapter III of these rules shall mutatis mutandis apply to an election held under this Chapter.

17. Protection.‑Any other change, before or after such election, in the office bearers of the union shall be intimated with full particulars of the changed office bearers to the employer and Registrar to make them entitled to the protection of their service ,under section 47 of the Ordinance.

CHAPTER‑III

DETERMINATION OF COLLECTIVE BARGAINING AGENT

18. Supply of list of members.‑The union applying for deter mination of Collective Bargaining Agent shall submit list of its members showing in respect of each member, his parentage age the section or department and the place in which he is employed, his ticket number and the date of his becoming a member of the trade union.

19. Fixation of date and place for ballot.‑The Registrar shall fix the place, date and hours during which the ballot shall be taken, under inti mation to the contesting trade unions and the employer.

**20. Allotment of symbols.‑**The Registrar shall, after consultation with the duly authorised representatives of the contesting trade unions, allot different symbols to the contesting trade unions for the ballot :

Provided that if a union fails to indicate the symbols, the Registrar may allocate any symbol to such union and his decision shall be final and binding on the union concerned

Provided further that in the case of a dispute between the contesting unions about the allotment of symbols, the decision of the Registrar shall be final and binding on all the contesting unions.

21. Form of Ballot Paper.‑The votes shall be cast by means of a ballot paper which shall be in Form 'K'.

22. Supply of Ballot Boxes.‑The employer shall provide to the Registrar, at least three days before the ballot as many wooden boxes as may be required by him which shall be of the size 18" x 18' x 36".

23. Stoppages of ballot.‑(1) If at any time, the ballot at any polling station is interrupted or obstructed for any reason, the Registrar may stop ballot and cancel the votes cast. In that case, the Registrar shall, as soon as possible, appoint another date, time and place for such fresh ballot for that polling station on the basis of the list of voters already verified.

24. Number of polling booths.‑The Registrar shall decide: the number and location of the booths to be provided for the ballot. The booth may be in accordance with the specification given in the sketch in Form 'L'.

25. Appointment of Polling Officers and Ballotting Officers, etc.‑The Registrar may appoint as many Polling Officers, Ballotting Officers and other staff as deemed necessary for conducting and supervising the ballot who shall perform all such duties and exercise all such powers as are assigned to the Registrar under these rules.

26. Appointment of Polling Agents.‑(1) The contesting trade unions may appoint one polling agent at a time for each booth and give notice thereof to the Polling Officer half an hour before the commencement of the polling; provided, that failure to nominate an agent shall not delay the commencement or affect the conduct of the secret ballot.

(2) The polling agents will witness the voting and assist the Polling Officer in identification of voters.

27. Commencement of ballot.‑Before commencement of ballot tin g, the Polling Officer shall, in the presence of all the polling agents, if any, satisfy himself that the ballot box is empty. The Polling Officer shall then seal the ballot box in the presence of the polling agents, if any, and record a certi ficate to this effect in 'Form M'.

28. Identification of voters.‑‑The Polling Officer may require the voter to produce any evidence of identification before issuing the ballot paper to him.

29. Issuance of ballot paper.‑Ballot Paper shall be issued to a voter only after his name and other full particulars have been verified from the list of voters approved by the Registrar.

30. Marking of ballot paper and casting of vote.‑(1) After a voter has been issued a ballot paper, he will mark the ballot paper by putting a Gross (X) mark on the portion bearing the name and symbol of the union of his choice.

(2) The marking of the ballot paper under sub‑rule (1) shall be done in a segregated area provided for this purpose in the polling booth.

(3) After marking the ballot paper, the voter shall fold and, drop it in the ballot box which is to be kept before the Polling Officer.

31. Ballot Box.‑(1) Only one ballot box shall be used at a time in each of the polling booths.

(2) If, during the course of the polling, one ballot box has been filled to capacity and, in the opinion of the polling officer, can no longer be used for polling, the Polling Officer shall seal it in the manner pres cribed under sub‑rule (2) of rule 32 and provide a new ballot box in the manner laid down in rule 27.

32. Commencement and closure of ballot.‑(1) No persons shall be given the ballot paper before or after ,the hours fixed for ballot excepting those persons who are within the polling booth at the closing time who shall be given the ballot papers and allowed to vote.

(2) After all the persons present within the polling booth at the closing time have cast their votes, the Polling Officer shall forthwith seal the opening provided for the Aping the ballot paper in the ballot box in the presence of the polling agents and shall record a certificate to this effect in Form 'N'.

33. Unsealing of the ballot box and counting of votes.‑(1) After ballot box has been sealed as provided under rule 27, the Polling Officer shall unseal it in the presence of the polling agents and record a‑ certificate to this effect in Form 'O':

Provided that absence of a polling agent shall not affect or delay unsealing of the ballot box is.

(2) After the ballot box has been unsealed as provided under sub‑rule (1) the Polling Officer shall in the presence of polling agents, count the votes and record the result of counting alongwith a certificate in Form 'P' duly signed by the polling agents.

(3) If a polling agent refuses to sign the result sheet and the certificate under sub‑rule (2), this fact shall be recorded by the Polling Officer on the result in the presence of is two witnesses.

34. Decision on objections.‑All objections by the contesting trade unions whether before or; it the time of ballot, shall be given in writing by the authorised representatives of the trade union to the Polling Officer who shall give his decision at the spot and the decision so given shall be final and binding on the parties and shall not be called in question by or before any authority including a court of law.

35. Invalid ballot papers. The Polling Officer shall give a decision about challenged votes at the spot and the decision shall be binding on the contesting unions.

36. Challenging of votes.‑ ‑When a vote is challenged by any of the polling agents during the course of the ballot, a fee of Rs. 5/ ‑ for every vote challenged shall be deposed with the Polling Officer. The amount of such fee shall be paid in, cash and a receipt in Form 'Q' shall be issued by the Polling Officer who will submit full account of the amount so received to the Registrar and deposit the same in the Government Treasury under the Head XXXVI‑Mise,: Department Fee under the Industrial Relations Ordinance.

37. Duties of Polling Officers.‑‑(1) The Polling Officer shall prepare a ballot paper account showing the number of black ballot papers prepared for this purpose and the number; of ballot paper's taken out of the ballot boxes. He shall also count the number of un‑issued and spoiled ballot papers and prepare a certificate in Form 'R'.

(2) The Polling Officer shall send to the Registrar the result sheet, the used and un‑used ballot papers, the, ticked list of voters and other documents and papers as soon as possible after the counting of votes is completed.

( Rule 38 subs. for the original by SOL 1‑4 March 2, 1980, N W. F. P. Gas Extr. Apr. 1980**)[38. Declaration of Collective Bargaining Agent**‑(1) On receipt of an application for the determination of the Collective Bargaining Agent under sub‑section (1) of section 22, the Registrar shall, after satisfying himself that the trade Union has as its members at least one‑third of the total number of workmen, declare the trade union to be the Collective Bargaining agent and issue a certificate to this effect in Form 'S'.

(2) Where the application for the determination of the Collective Bargaining Agent falls under sub‑section (2) of section 22, the Registrar or his authorised agent shall, after holding the secret ballot, if necessary, in the manner prescribed in the Ordinance and these rules, declare on the basis of the result received from the Polling Officer, the trade union which has received the highest number of votes to be the Collective Bargaining Agent and issue a certificate to this effect in 'Form S 1' or 'Form S 2', as the case may be.]

39. Ballot to be repeated in case a union receives less than the required number of votes.‑Notwithstanding the provisions of rule 38 if the num ber of votes received by the winning trade union is less than one‑third of the total number of workmen employed in the establishment, such union shall not be declared as Collective Bargaining Agent and the ballot shall be held afresh on such date arid time as may be fixed by the Registrar.

Provided that such fresh ballot may be held on the basis of afresh list of voters to be prepared by the Registrar in the manner provided in section 22.

40. Ballot to be repeated in case of a tie.‑In case the contesting trade unions receive equal number of votes, the secret ballot shall be held afresh on such date and time as may be fixed by the Registrar.

41. Additional powers of Registrar. ‑Notwithstanding anything contained in these rules, if the ballot is to take place at more than one polling station located in different areas in one city or more than one city, the procedure for the ballot and all Ancillary matters thereto may be determined to suit the requirements of the occasion by the Registrar or his authorised agent, under intimation to the contesting unions.

CHAPTER‑IV SHOP STEWARDS

42. Communication of Shop‑Stewards.‑(1) Every employer to whom sub‑section (1) of section 23‑A applies shall communicate by exhibition on the Notice Board, the number of Shop Stewards to be nominated or elec ted, as the case may be, from various shops, departments, sections or con stituencies of the establishment.

(2) The employer shall communicate the names of the workers nominated by the Collective Bargaining Agent as Shop Stewards to the Director, within one month of such nomination.

**43. Fixation of number of Shop Stewards.‑‑**The number of Shop Stewards in an establishment shall be so fixed, as to afford representation to the various sections, shops or departments of the establishment.

Provided that if there is more than one shift in an establishment, the Shop Stewards shall be nominated or elected so as to afford representation to each of the shifts.

44. Election of Shop Stewards.‑Every employer to whom clause (b) of sub‑section (1) of section 23‑A applies shall arrange for the election of the Shop Stewards within three months of the coming into force of these rules, in the manner prescribed in this Chapter and shall send a report thereof to the Director within one month of the said election.

45. Fixation of date for nomination papers, etc.‑For the purpose of elections under rule 44 the employer shall, by notice to be affected on the Notice Board and by giving adequate publicity, call upon the workmen to elect their Shop Stewards and appoint‑

(a) a date at least seven days after the date of such notice for filing nomination papers; and

(b) a date which shall not be more than ten days and not less than seven days after the date of receipt of nomination papers as the date for the holding of the elections.

46. Voting for election.‑If the number of candidates who intend to contest the office of the Shop Stewards in a shop, section or department is equal to the number of Shop Stewards to be elected, the employer shall by a notice to be affixed on the Notice Board declare such candidates to be elected as Shop Stewards.

47. Voting to take place if the number of candidates is more than the number of seats.‑If in any shop section or department, the number of candidates is more than the number of seats allotted to such shop, section or department, the voting shall take place on the date fixed for election.

48. Vacancies.‑In the event of a Shop Steward ceasing to be employ ed in the establishment, section or department or resigning his office, his successor shall hold office for the remaining term of the vacancy.

49. Facilities.‑The employer shall afford opportunities to the Shop Stewards to fulfil their obligations under the Ordinance and shall meet them as often as may be necessary.

CHAPTER‑V MANAGEMENT COMMITTEE

50. Management Committee.‑(1) The Management Committee shall con sist of the workers representatives, nominated or elected under this Chapter and such representatives of the employer working for the time being as employer in the same factory as way be nominated by him.

(2) The employer shall nominate persons falling within the definition of employer' as defined in the Ordinance and who are directly connected with the management of the factory to the extent of ( Subs. for 80 per cent" by Noti S O. L‑V 195/74 of 9 June 1976, N.W.F.D. Govt. Gaz. Extr 24 June 1976, p . 972**)**[50 per cent of total number of such committee, and communicate their names and designa tions ‑to Collective Bargaining Agent and if their is no such Collective Bargaining Agent,‑exhibit its list on Notice Board at the entry of office of the factory for 3 days.

(3) The employer shall also notify the maximum number of workers representatives required to participate in the management to the extent of ( Subs. for "20 per cent", ibid.) [50 per cent] of total number of such Management Committee to Collective Bargaining Agent and in its absence will exhibit such list at the entry of office of the factory for 3 days.

(4) The term of the Management Committee shall be two years from the date of constitution.

(5) A member chosen to fill a casual vacancy shall hold office for the remaining term of the Management Committee.

51. Workers participation in management.‑The Collective Bargaining Agent shall communicate the names of the workers representatives under section 23‑B to the employer within one month of the communication of the employer's representatives to him under sub‑rule (2) of rule 50:

Provided that the Collective Bargaining Agent tray make fresh nomination in respect of any representative of the workmen on the Management Committee at any subsequent time when the Collective Bargaining Agent has reasons to believe that any such representative has lost his representative character and the employer shall, Within seven days of the receipt of such nomination, reconstitute the Management Committee with such new representative.

52. Employer to arrange for election in the absence of Collective Bargaining Agent.‑Where there is no Collective Bargaining Agent in a factory, the employer shall make all necessary arrangements to hold elec tions and bear all expenses thereon to elect the workers representatives to the seats notified by him under rule 50.

53. Procedure for election.‑For the, purpose of election under rule 52, the employer shall, by notice affixed on the Notice Board and by giving adequate publicity, call upon the workmen to elect their representatives under section 23‑B and appoint‑

(a) a date atleast 7 days after the date of such notice for filing nomination papers;

(b) a date which shall not bye more than 10 days after the date of receipt of nomination papers as the date for holding of elections.

54. Voting for elections.‑(1) If the number of candidates who have been validly nominated is equal to the number to be elected by workers, the employer shall exhibit a notice on the Notice Board declaring such candidates to be elected.

(2) if the number of candidates who have been nominated is more than the number of workers to be elected, the voting shall take place of the date fixed for elections.

55. Filling of vacancies.‑In the event of a workers' representative, whether elected or nominated, ceasing to be employed in the factory or in the event of his resigning his office, his successor shall be elected or nominated in the manner and according to the procedure laid down in this Chapter.

JOINT MANAGEMENT BOARD AND DETERMINATION OF SEATS FOR THE PURPOSE OF SECTION 23‑D

( Rules 55‑A to 55‑I added by Noti. S O.L.‑V‑195/74 of 9 June 1976, N.W.F.P. Govt. Gaz. Extr 24 June, 1976, p. 972.)[55‑A. The Joint Management Board, under section 23‑C, shall consist of the workers representatives nominated or elected under this

Chapter, and such representatives of the employer from amongst the Directors or Senior executives as may be nominated by him.

55 B. (1) The employer shall nominate Directors Or Senior executives to the extent of 67 percent of the total members of such Board, and communicate their names and designation to Collective Bargaining Agent, exhibit its list on the Notice Board at the entry of office of the factory or company for three days:

Provided that there shall be at least one workers' representative on this Board:

Provided further that for the purpose of determining the number of workers' representatives, fractions equal to, or greater than one half shall be regarded as one and lesser fractions shall be ignored.

(2) The employer shall also notify the number of workers' representa tives required to participate in the Management to the exert of 33 percent of total number of members of such Board to Collective Bargaining Agent, and, in its absence, shall exhibit such list at the entry of the office of the factory or company for three days.

55C. Workers Participation in Board.‑The Collective Bargaining Agent shall communicate the names of the workers' representatives under section 23‑C to the employer within one month of the notification by the employer under Rule 55‑B.

55D. Where there is no Collective Bargaining Agent in a factory or company, the employer shall make all necessary arrangements to hold elections and bear all expenses thereon to elect the workers' representa tives to the seats notified by him under Rule 55‑B.

55 E. Procedure for Elections‑For the purpose of election under Rule 55‑D, the employer shall, by notice affixed on the Notice Board, and by giving adequate publicity, call upon the workmen to elect their representatives under section 23‑C and appoint

(a) a date at least 7 days after the date of such notice for, filing nomination papers; and

(b) a date which shall not be more than 10 days after the date of receipt of nomination papers as the date for holding of elections.

55 F. Voting for Election.‑‑(1) If the number of candidates who have been validly nominated is equal to the number to be elected by workers, the employer shall exhibit a notice on the Notice Board declaring such candidates to be elected.

(2) If the number of candidates to be nominated is more than the number of workers' representatives to be elected, the voting shall take place on the date fixed for elections.

(3) In the event of a workers' representative, whether elected or nominated, ceasing to be employed in the factory or company, as the case may be, or in the event of his resigning his office, his successor shall be elected or nominated in the manner and procedure laid down in this Chapter.

55 G. Term of Office.‑(1) The term of office of the Joint Management Board shall be two years from the date of its constitution, the previous Board holding office till such time as the new Board takes charge:

Provided that the new Board shall be constituted within thirty days of the expiry of the term of office of the previous Board:

Provided further that the first Board under this Chapter shall be constituted within thirty days of these rules coming into force.

(2) A member elected or nominated to fill a casual vacancy shall hold office for the remaining term of his successor.

55 H. Meeting of the Board.‑The Board shall meet as often as necessary, but not less than once in three months, and that no meeting shall be held unless at least 50 percent representatives of the workers are pre stet at such meetings.

55 I. Facilities for meetings, etc.‑The employer shall provide accommodation and all necessary facilities for carrying out the functions of the Board, and all the minutes and proceedings of the meetings shall be recorded and signed by the members present.]

CHAPTER‑VI

WORKS COUNCIL

56. Constitution of Works Council.‑The number of members consti tuting the Works Council shall not be less than 10 and not more than 20 and shall be so fixed by the employer in consultation with the Collective Bargaining Agent, if any, as to afford representation to the various categories: groups and classes of workmen engaged in, and to the sections, shops or departments of the establishment.

57. Nomination of representatives by the Collective Bargaining Agent. In an establishment where there is a Collective Bargaining Agent, such agent shall communicate the names and particulars of the representatives of the workmen on the Works Council to the employer.

58: Publication of names of the representatives on the Works Council.‑Within seven days of the receipt of nominations from the Collective Bargaining Agent, the employer shall constitute the Works Council by a notice affixed on the Notice Board and furnish copies thereof to the Collective Bargaining Agent, the Director and the Registrar:

Provided that the Collective Bargaining Agent may make fresh nomina tion in respect of any representative of the workmen on the Works Council at any subsequent time where the Collective Bargaining Agent has reasons to believe that any such representative has lost his representative character, and tire employer shall, within seven days of receipt of such nomination, reconstitute the Works Council with such new representative.

59. Constitution of Works Council where there is no Collective Bargain ing Agent.‑‑In an establishment where there is no Collective Bargaining Agent, the employer shall hold election to elect representatives of work men for the Works Council and within seven days of such election, the employer shall constitute the Works Council by a notice as laid down in rule 58. Thereafter, such election shall be held at an interval of every two years.

60. Employer to hold election for electing representatives on the Works Council.‑Where representatives of workmen are to be elected through election, the employer shall make all necessary arrangements for holding election through secret ballot.

61. Qualifications of candidates for election.‑‑Any workman of not less than 21 years of age and with a service of not less than one year in the establishment may be a candidate for election as a representative of the workmen on the Council:

Provided that the service qualification shall not apply to the first election in au establishment which has been in existence for less than a year.

62. Qualifications of voters.‑All workmen who have put not less than six months' service in the establishment shall be entitled to vote in the election of the representatives of workmen.

63. Procedure for election.‑(1) For the purpose of election to elect the representatives of workmen the employer shall, by notice affixed to the Notice Board and by giving adequate publicity amongst the workmen, call upon the workmen to elect representatives for the Works Council.

(2) As soon as may be after the workmen have been called upon to elect representatives to the Works Council under sub‑rule (1), the employer shall appoint‑

(a) a day, at least seven days after the date of such notice, for the nomination of candidates;

(b) a day for the scrutiny of nomination papers;

(c) a day, which shall not be less than three days or more than ten days after the scrutiny day, for the holding of the election.

(3) The notice under sub‑rule (2) shall also specify the number of representatives to be chosen from amongst various groups, sections, chops or departments of the establishment.

64. Nomination.‑(1) Any voter may, for the purpose of election as representative on the Works Council, propose or second the name of any person who is duly qualified to be elected as such representative.

(2) Every proposal shall be made by a .separate nomination paper in Form IT' which shall be supplied by the employer, and signed by the proposer, seconder and the candidate.

(3) Every nomination paper shall be delivered on or before the nomination day by, the candidate or his proposer or seconder to the employer who shall acknowledge in writing the receipt of the nomination paper.

65. Scrutiny.‑(1) The candidates, their proposers and seconders, and one other person authorised in this behalf by each candidate may attend the scrutiny of nomination papers and the employer shall give them reasonable opportunity for examining all nomination papers delivered to him under rule 64.

(2) The employer shall, in the presence of the persons attending the scrutiny under sub‑rule (1), examine the nomination papers and dispose of any objection raised by any such person to any nomination.

(3) The employer may reject any nomination paper if he is satisfied that‑‑

(a) the candidate is disqualified to be a representative of the work men under rule 61; or

(b) any provision of rule 64 has not been complied with.

66. Voting in election.‑(1) If the number of candidates who have been validly nominated is equal to the number of representatives to be elected. the employer shall by public notice declare such candidates to be elected.

(2) If, in any group, section, shop or department the number of candidates is more than the number of seats allotted to it, voting shall take place on the date fixed for election.

(3) The election shall be held through secret ballot and shall be con ducted by the employer.

**67. Arrangements for election.‑**The employer shall be responsible for making all arrangements in connection with the election.

68. Officers of the Works Council.‑(1) The Works Council shall elect office bearers including one Vice‑President and two Joint Secretaries. The President shall be nominated by the employer from amongst the emplo yer's representatives on the Works Council.

(2) The workers' representatives on the Works Council shall elect one Vice‑President and one Joint Secretary from amongst themselves. Employer's representatives to the Works' Council shall elect one Joint Secretary from amongst themselves.

(3) Until the Works Council elects an office‑bearer or makes some suitable arrangement for keeping records of the meeting, each Joint Secretary shall maintain the records of the proceedings for six months alternately.

69. Term of Office.‑(1) The term of the Works Council shall be two years from the date of its constitution.

(2) A member chosen to fill a casual vacancy shall hold office for the remaining term of the Works Council.

70. Vacancies.‑In the event of a workmen representative ceasing to be employed in the establishment or in the event of his resigning the member ship in the Works Council his successor shall be elected from the group, section, shop of department to which the member vacating the seat belonged.

**71. Power to Co‑opt.‑**The Works Council shall have the right to co‑opt in a consultative capacity, persons employed in the establishment having a particular or special knowledge of a matter under discussion. Such co‑opted members shall not be entitled to vote and shall be present at the meetings only for the period during which the particular question is before the Council.

72. Meetings of Works Council.‑The Works Council may meet as often as necessary, but not less than once a month and it is also necessary that no meeting shall be held unless at least fifty per cent representatives of the workers are present in the deliberations of such meetings.

73. Facilities for meetings, etc.‑The employer shall provide accom modation for holding meetings of the Works Council. He shall also pro vide all necessary facilities to the Council and to the members thereof for carrying out the functions of the Works Council.

CHAPTER‑VII

JOINT CONSULTATION, MEDIATION AND CONCILIATION

74. Functions of Conciliators.‑(1) For the purpose of bringing about a settlement of an industrial dispute, a Conciliator‑

(a) may call for and inspect any register, certificate or notice which he has reason to believe to be relevant to the dispute and may, in case of failure of the person to produce it in time, seize it; and

(b) may enter the premises occupied by any establishment to which the dispute relates, and require any person whom he finds in the establishment to give such information relating to the dis pute as is in his knowledge.

(2) Every Conciliator shall keep records of the conciliation proceed ings in such manner as he deems fit.

75. Notice of strike or lock‑out.‑A notice of strike served under sub section (3) of section 26 shall be in Form 'U' and a notice of lock‑out .shall be in Form V'.

76. Conciliation Proceedings.‑The settlement arrived at during the conciliation proceedings shall be in Form `W'.

77. Procedure for agreement between employer and workmen.‑‑An agreement in writing between the employer and his workmen arrived at other wise than in the course of conciliation proceedings shall be signed by the representatives of the employer and the workmen at a meeting and such agreement shall be in Form 'X'.

CHAPTER‑VIII

MISCELLANEOUS

78. Procedure of the Labour Appellate Tribunal.‑‑ In hearing an appeal against an award, the Labour Appellate Tribunal shall follow the same procedure as is followed by an Appellate Court in hearing a first appeal under the Code of Civil Procedure, 1908 (Act V of 1908.

( Rule 78-A added. Noti. SOL‑1-4, June 14, 1982. N.W.F.P. Govt. Gaz. Pt I. June 16, 1982, p. 291, 1982 PLS 46.)[78‑A. Demand for Audit.‑For the purposes of sub‑section (10) of section 23‑B, of the Ordinance, a collective bargaining agent may apply to the Provincial Government to nominate an Auditor to audit the accounts in respect of an accounting year within twelve months of the closing of that accounting year.

(2) The application under sub‑rule (1) shall be accompanied by a resolution passed by the executive of the collective bargaining agent authorising its President or General Secretary to demand for the audit.

(3) If the collective bargaining agent for that matter is its President or General Secretary who may be so authorised under sub‑rule (2) wishes to withdraw the application for appointment of an Auditor, it or he may do so before the appointment of the Auditor is notified by the Provincial Govern ment in the official Gazette.]

79. Determination of computed money. ‑Where any workman is entitled to receive from the employer any benefit under an award or decision he may apply to the Labour Court which gave the award or to the Labour Appellate Tribunal which gave the decision for computation of the benefit in terms of money. The Labour Court or the Tribunal, as the case may be, shall determine the amount at which such benefit shall be computed after having the parties to the dispute.

80. Penalties.‑Any breach of these rules shall be punishable with fine which may extend to one hundred rupees.

FORM A

[See Rude 3(f)]

APPLICATION FOR REGISTRATION OF TRADE UNION

To Dated the--------------- 19-------------

The Registrar of Trade Unions,

Government of N.W.F.P.

Dear Sir,

  1. We hereby apply for the registration of Trade Union under the name of -------------------------- which is a trade union of workmen/employers.

  2. The address of the Head Office of the trade union is .................

  3. The Union was formed on -------------------- day of --------------- 19-------------------

  4. The following documents are attached :‑

(i) Schedule I giving particulars required under section 6(a) (iii) of the Industrial Relations Ordinance, 1969.

(ii) The statement required under section 6(a) (iv) showing total paid membership.

( Sub. paras (ii‑a) and (ii‑b) added by Noti. S.O.L.V.195/74 of 9 June, 1976, N.W.F.P Govt. Gaz. Extr. 24 June 1976, p. 972.)[(ii-a) The statement required under section 6(a) (iva) of Industrial Relations Ordinance, 1969, showing the total number of workers employed in the establishment, group of establish ments or the industry, as the case may be, to which the trade union relates..

( Words added, ibid.)(ii‑b) The statement required under section 6 (a) (iv‑b) of Industrial Relations Ordinance, 1969, showing the names and address of the registered trade unions in the establishment, group of establishments or the industry, as the case may be, to 'which the union relates.]

(iii) The name of the establishment or group of establishments or the industry, as the case may be, to which the Trade Union relates.

(iv) Three copies of the constitution of the trade union conforming to the provisions on section 7 of the Industrial Relations Ordinance, 1909, together with a copy of the resolution mentioned in section 6 (b).

(v) A affidavit to the effect that no officer of the Union has been convicted under section 61 ;(and that the members of this trade union are not members of any other trade union.]

(vi) A copy of the resolution mentioned in section 6(c).

Yours faithfully,

President --------------------------

General Secretary ------------------

Dated -----------------------------

Enclosers: As above.

SCHEDULE I to FORM A

PARTICULARS OF OFFICERS

|------------|------|------------------------------|-----|-------|-----------| | Serial No. | Name | Father s Name/Husband s Name | Age | Address || | Serial No. | Name | Father s Name/Husband s Name | Age | Local | Permanent | | 1 | 2 | 3 | 4 | 5 | 6 |

|------------------------|--------------------------------------|------------|---------------------|------------------------------------| | Post held in the Union | Particulars of Employment of the Members ||| Signature or Left Thumb Impression | | Post held in the Union | Name of establishment where employed | Department | Ticket or Token No. | Signature or Left Thumb Impression | | 7 | 8 | 9 | 10 | 11 |

FORM B

[See Rule 3 (2)]

APPLICATION FOR REGISTRATION OF A FEDERATION

Dated -------------- Day of ------------------ 19

To,

Government of N.W.F P.

  1. We hereby apply for the registration of a Federation under the name of-------------- which is a federation of Trade Unions of Workmen/Employees.

  2. Address of the Head Office of the Federation is---------------------------Telephone No. -----------------------.

  3. The Federation was formed on the ------------------- day of ------------------ 19 --------------------- and had --------------------- registered unions affiliated on the date of application.

  4. The following documents are enclosed :‑

(i) Three copies of the Constitution of the federation.

(ii) Particulars of affiliated unions in Schedule I.

(iii) The name of the group of establishment or the industry to which the federation relates.

(iv) Resolutions of the general body of the registered trade unions affiliated to the federation expressing their agree ment for joining the federation.

(v) Resolution passed ‑in a meeting of the federation duly authorising the applicants to make this application.

(vi) Particulars of the officers of the federation in Schedule II.

(vii) Copies of instruments of federation executed between the Federation and each of the unions.

(viii) An affidavit to the effect that no officer of the federation or the unions affiliated to the federation has been convicted under section 61.



Date-------------------------- 3. --------------------------



Enclosures as above.

SCHEDULE I to FORM B

PARTICULARS OF AFFILIATED UNIONS

|-----------------------------------------|----------------------|-------------------------------------|------------------------------------------|--------------------------------| | Name of the Union with Registration No. | Address of the Union | Name of the President and Secretary | Name of Establishment in which operating | Number of members of the Union | | 1 | 2 | 3 | 4 | 5 |


Signature:- -------------------

President. -------------------

General Secretary -----------

Dated ----------------------

SCHEDULE II to FORM B

|------------|------|------------------------------|-----|-------|-----------|-------------------------|--------------------------------------|------------|---------------------|-------------------------------| | Serial No. | Name | Father s Name/Husband s Name | Age | Address of Police Station || Post held in Federation | Particulars of Employment of the Members ||| Signature or thumb impression | | Serial No. | Name | Father s Name/Husband s Name | Age | Local | Permanent | Post held in Federation | Name of Establishment where employed | Department | Ticket or Token No. | Signature or thumb impression | | | | | | | | | | | | |

Signature: President---------------------

General Secretary ------------

Dated. -----------------------

FORM C

[See Rule 4 (1)]

FORM OF APPLICATION FOR MEMBERSHIP

(NAME OF THE TRADE UNION)

Dated the ...........................

The General Secretary,

(Name and address of the Trade Union)

I have carefully read and understood the provisions of the constitution of the Trade Union/The provisions of the constitution of the Trade Union have been read to and understood by me and I hereby agree to abide by them.

( Para added by Noti. S.O. L‑V‑195/74 of 9 June 1976 N.W.F.P. Govt. Gaz. Extr, 24 June 1976, p. 972.)[I do hereby declare that I am not a member of any other trade union in the establishment/group of establishments/industry (as the case may be) to which the union relates.]

My particulars are given below :‑

  1. Name with father's/husband's name -------------------------------------------------

  2. Age---------------------------------------------------------------------------------

  3. Establishment in which employed -----------------------------------------------

  4. Department -----------------------------------------------------------------------

  5. Ticket number, if any -------------------------------------------------------------

  6. Whether permanent or temporary -------------------------------------------------

  7. Date of entry into present employment ---------------------------------------------

  8. Whether member of any other Trade Union ----------------------------------------

  9. Address---------------------------------------------------------------------------

(i) Local.

(ii) Permanent.


Signature/Thumb Impression

FORM D

[Rule 4(2) 1]

MEMBERSHIP REGISTER --------------------------------

NAME OF UNION ----------------------------------------

|----------------|-------------------------|---------|-------------------------------------|----------------------|-----------------------------|---------------------------------------------|-----------------------------|------------------------------|---------------------------| | Name of Member | Father's/Husband's Name | Address | Designation of the Worker/Token No. | Monthly Subscription | Department in which working | Collections other than monthly subscription | ||| | Name of Member | Father's/Husband's Name | Address | Designation of the Worker/Token No. | Monthly Subscription | Department in which working | Collections other than monthly subscription | Arrears ‑‑‑‑January Current | Arrears ‑‑‑‑February Current | Arrears ‑‑‑‑March Current | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |

|-----------------------------|-----------------------------|-----------------------------|-------------------------------|---------------------------------|------------------------------------|----------------------------------|---------------------------------|----------------------------------|----------------| | Arrears ------April Current | Arrears --------May Current | Arrears -------June Current | Arrears ---------July Current | Arrears ---------August Current | Arrears ---------September Current | Arrears ---------October Current | Arrears -------November Current | Arrears --------December Current | Remarks if any | | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 |

SIGNATURE OF THE GENERAL SECRETATY/AUTHORISED

OFFICER OF THE UNION

FORM E [RULE 4(3)]

RECEIPT BOOK

Name and address of the Federation ----------------------------------------------------------

|------------------------------------------------------------------------------------|-----------------|------|------|-------|-------|-----|------|------|--------|------|------|------|------|-------| | Name and Particulars of the Trade Union/ Organisation from which money is received | Date of receipt | AMOUNT RECEIVED ||||||||||||| | Name and Particulars of the Trade Union/ Organisation from which money is received | Date of receipt | Jan. | Feb. | March | April | May | June | July | August | Sep. | Oct. | Nov. | Dec. | Total | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |

Dated----------- Signature of the General Secretary/Authorised Officer of the Federation

FORM F (RULE 4 (4)]

|------|-------------|-------------|------------------|-------------|-----------------|------|-------------|-------------|-------------|-----------------|--------------------------| | RECEIPT |||||| EXPENDITURE ||||| BALANCE | | Date | Description | Voucher No. | Previous Balance | Current Rs. | Grand total Rs. | Date | Description | Voucher No. | Current Rs. | Grand Total Rs. | Column 6 minus Column 11 | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |

General Secretary/Authorised Officer of the Trade Union/Federation.

FORM G

(Rule 6)

REGISTER OF TRADE UNIONS

|------------|----------------------------|---------------------------|-----------------------------------------------|---------------------------------------------------------------|-----------------------------|--------------------------------------------------|---------| | Serial No. | Name of Union with Address | Registration No. and Date | Names of President and Secretary with Address | Name and Address of Industry/Establishment with which Address | No. of Members of the Union | Name and Address of the Federation If Affiliated | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |

FORM H

[Rule 6]

REGISTER OF FEDERATIONS

|------------|---------------------------|---------------------------------|-----------------------------------------------------------------------------------|----------------------------------------------------------------------|---------------------------------------------|-------------------------------------------------------|---------| | Serial No. | Registration No. and Date | Name of Federation with address | Name and address of Trade/Industry/Established with which Federation is connected | Name of the President and Secretary of Federation with their Address | Name of Unions Affiliated to the Federation | Total No. of Members of each of the affiliated Unions | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |

FORM I

[See Rule 7]

S. No. ---------------

OFFICE OF THE REGISTER OF TRADE UNIONS

(Monogram)

CERTIFICATE OF REGISTRATION

It is hereby certified that ----------------------------------------- (Name of Union/Federation) ------------------------ representing ----------------------- (Employers/Workers)----------------------- employed in ------------------------------------------------------------------------------------------------------------------------------------ has been registered under the Industrial Relations Ordinance, 1969, this ---------------------------------- day of ---------------------19

Registrar of Trade Unions

FORM J

PART‑I

[Rule 10]

FORM FOR ANNUAL RETURN

(Annual Return required to be submitted under section 21 of the Industrial Relations Ordinance, 1969, for the yeah ending 31st December, 19 ....

Name of the Trade Union --------------------------------------------

Registered Head Office ----------------------------------------------

Registration No--------------------------------------------dated --------------------------

|---------------------------------------------------------|-------------------------------------------------------------------------------------------------------------| | Return to be submitted by a Federation of Trade Unions. | 1. No. of unions affiliated at the beginning of the year and the number of members of each of these unions. | | | 2. No. of unions joining during the year and the number of members of each of these unions. | | | 3. No. of unions disaffiliated during the year. | | | 4. No. of affiliated unions at the end of the year with their respective membership. |

|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Return to be submitted by a 1. No. of members on record at Trade Union. the beginning of the year. 2. No. of members admitted during the year. 3. No. of members who left during the year. 4. Total no. of members on record at the end of the year. Male ----- Female‑‑-- 5. Name of the Federation, if any, to which the union is affiliated. |

A copy of the constitution of the Trade Union, corrected upto the date of despatch of this return, is appended.

General Secretary.

Dated...........................

(PART‑II)

STATEMENT OF LIABILITIES AND ASSETS ON THE

DAY OF -------------------------- 19-------------------------------

|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Liabilities Rs. Paisa Assets Rs. Paisa. Loans from : ‑ Cash In hands of Treasury ...................................... In hands of Secretary In hands of‑ ..................................... In the Bank .................................... In the Bank Securities as per list ................................... below Unpaid subscriptions ................................. due Debts due to Loans‑ Other liabilities (to be Immovable property/other assets (to specified) be specified) Total liabilities Total assets |

LIST OF SECURITIES

Particulars Nominal Market value at date on

value which accounts

have been made up.

Treasurer ................ General Secretary .

Dated ........................ Dated .

(PART‑ III)

GENERAL FUND ACCOUNT

|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Income. Rs. Paisa. Expenditure. Rs. Paisa. Balance at the Salaries, allowances and ex beginning of the year. penses of office bearers. Contributions Salaries, allowances and ex from members penses of establishment. Auditor's fee-------------: Donations Legal expenses Sale of periodicals, Expenses in conducting etc. labour disputes Interest on invest‑ Compensation paid to mem‑ ments bers for loss arising out of labour disputes. Income from Funeral, old age, sickness, miscellaneous sources unemployment benefits, (to be specified) etc. Cost of publishing periodi cals. Rents, rates and taxes. Stationery, printing and postage. | | Educational and training expenses. Other expenses (to be specified) Balance at the end of the year. _________________________________________________________________ Total Total: _________________________________________________________________ |

Signature: Signature

Treasurer: --------------------------- General Secretary -----------------------

Dated ------------------------------ Dated ------------------------------------

(PART‑IV)

AUDITORS" DECLARATION

  1. The undersigned, having had access to all the books and accounts of the Trade Union/Federation and having examined the foregoing state ments and verified the same with the account vouchers relating thereto, now sign the same as found to be correct duly vouched and in accordance with the law, subject to the remarks if any, appended hereto:‑

  2. I am duly qualified to audit the accounts of the Union/Federation.

Auditor

The following changes in the executive have been, made during the year:

OFFICERS RELINQUISHING OFFICE

|------|--------|------------------------------| | Name | Office | Date of relinquishing office | | | | |

OFFICERS APPOINTED

|------|-----|--------|---------|------------|---------------------| | Name | Age | Office | Address | Occupation | Date of appointment | | | | | | | |

Full list of officers of the executive as stood on 31st December, 19.

| ||||||

Signature of Treasurer: Signature of General Secretary:

Dated ----------------- Dated --------------------

FORM K

[Rule 21]

BALLOT PAPER

Name of the Union Name of the Union

(To be printed in English and (To be printed in English and Urdu)

Urdu)

Symbol of the Union Symbol of the Union.

FORM L

(Rule 24)

|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | 50 Yards |--------------|----------------------------------------------|---|----------------------------------------------|--------------| | ++50 yards++ | Segregated area for marking the Ballot Paper | | Segregated area for marking the Ballot Paper | ++50 Yards++ | EXIT ENTRANCE |---|----------------------------------------------------------------------------------------------------------------------------------------------|---| | | ++BALLOT BOX++ ++POLLING AGENT++ POLLING: BALLOTING ASSTT. TO BALLOTING OFFICER: OFFICER OFFICER |---|---| | | | | | | | | | | | | 50 Yards |

FORM M

[Rule 27]

Certified that the Ballot Box has been shown empty by me to the satisfaction of Messers ------------------------------------------- and ------------------------------------------------------

--------------------------------------- nominated agents of -----------------------------------

---------------------------------------- and ---------------------------------------------------

respectively and the same has been scaled by me in their presence with the authorised official seal.

Date Name and Signature-----------------

(Polling Officer)

Time Booth No. --------------------------

Location ----------------------------


Agent (Name of the Union) Agent (Name of the Union)

FORM N

[Rule 32(2)]

Certified that the Ballot Box has been scaled by me in the presence of Messrs ------------------------------------------------------------------ nominated agents o f ---------------------------------------and ------------------- respectively with the authorised official seal.

Date Name and Signature ---------------

Booth No ------------------------

Time Location ------------------------

Agent ( ) Agent ( )

FORM O

[Rule 33]

Certified that the Ballot Box has been unsealed by me in the presence of Messrs. ------------------------------------------------ and --------------------------------------------------------

------------------------------------ duly nominated agent of ------------------------------------------------------------------------------ and --------------------------------- respectively for the purpose of counting of coat votes.

Date: Name and Signature-----------------

Location. ----------------------------


Agent ( ) Agent. ( )

FORM P

[Rule 33(2)]

RESULT SHEET

Certified that I have personally counted the cast vote of Booth No.-------------------------------------------------------------------- of ----------------------------(Location)

in the presence of Messrs --------------------- and ---------------------duly nominated agents of ---------------------------------- respectively to their entire satisfaction and hereby declare the following results:

  1. No. of Votes cast in favour of ---------------------

  1. No. of Votes cast in favour of ---------------------

  2. No. of votes declared invalid ---------------------

  3. No. of disputed or challenged votes ---------------------

Name and Signature ----------------

Dated Polling Booth No. ------------------

Time: Location ----------------------------


FORM Q

[Rule 36]

RECEIPT

Received an amount of Rs. --------------------- from Mr. -------------------------------------------------------------------- the Polling Agent of ------------------------------------------------

on account of fee charged under rule 29 of the Industrial Relations (Baluchistan) Rules, 1973.

Signature of Polling Officer

Dated........................

FORM R

[Rule 37]

Certified that I have personally counted the Votes cast at Booth No.----------------------------------------------------------- of ------------------------------------------------------------(Location) in the presence of the following duly nominated Polling Agents:

Name of Agent. Name of Union.



to their entire satisfaction and hereby give the following account of the Ballot paper:

  1. Total No. of ballot papers received---------------------------------------

  2. No. of ballot papers issued -----------------------------------------------

  3. No. of ballot, papers unused --------------------------------------------

  4. No. of votes cast in favour of ------------- Union ------------------------

  5. No. of votes cast in favour of-------------- Union ------------------------

  6. No. of votes declared invalid ---------------------------------------------

  7. No. of votes spoiled -----------------------------------------------------

  8. No. of votes challenged/disputed ----------------------------------------

  9. Total of items 4, 5, 6, 7 and 8 -------------------------------------------

  10. No. of ballot paper: found missing --------------------------------------

  11. No. of ballot papers found in excess ------------------------------------

Date Name and Signature ------------------

Time Polling Booth No ---------------------

Location ------------------------------


(Signature of Agent) (Signature of Agent)

Note.‑Total at serial No. 9 should tally with figures at, serial No. 2.

[FORM S [Rule3 8 (1)]

( Forms S, S1 & S2 added by Noti. SOL. 1‑4 March. 1980, N.W.F.P. Gaz. Extr. 27 Apr. 1990.)

Sr. No. Office of the Registrar, Trade Unions

(Monogram)

CERTIFICATE

Whereat an application has been received under sub‑section (1) of section 22 of the Industrial Relations Ordinance, 1969, from (name of the union) ....................................which is the only registered Trade Union in (name of establishment) .................................................

And whereas it has as its members not less than one‑third of the total number of workmen employed in

Now, therefore, I Registrar of Trade Unions, . in exercise of the powers vested in me under section 22 (1).of the Industrial Relations Ordinance, 1969, hereby certify that the ...............................................................................................................................................is the Collective Bargaining Agent for the workmen of ........................... with effect from .. day of the month of . of the year 19 :

Given under my hand and seal of this may ..

Seal Registrar of Trade Unions.

FORM S 1

S. No. Office of the Registrar Trade Unions.

Whereas an application for determination of a Collective Bargaining Agent was received under sub‑section (2) of section 22 of the Industrial Relations Ordinance, 1969, from (name of the registered trade union; --------------------------- members not less than one‑third of the total number of workmen employed in the (name of the establishment) ..............................................................................................................................................

And whereas after observing the procedure prescribed in the Ordinance and the rules, in a secret ballot held for this purpose (name of the registered

(Trade Union) .. has received the highest number of votes, which number is not less than one‑third of the total number of workmen employed in the .......................

Now, therefore, I (name) ..

Registrar of Trade Unions ..in exercise of the powers vested in me under section 22(9) (a) of the Industrial Relations Ordinance, 1969, hereby certify that the (name of the Trade Union) ... .... is the Collective Bargaining Agent for the workmen of . with effect from day .. of the month of . of the year 19 ..

Given under my hand and seal of this day .......................... 19

Seal of the RTU.

FORM S2

S. No. Office of the Registrar, Trade Unions.

Whereas an application for determination of Bargaining Agent was received under‑sub‑section (2) of section 22 of the Industrial Relations Ordinance, 1960 which has as its members not less than one‑third of, the total number of workman employed in ----------------------------------------

And whereas the other registered trade union/unions in the establish ment failed to indicate under clause (a) of sub‑section (3) of section 22 of the said Ordinance its/their desire to be contestant/contestants in the secret ballot to be held for the purpose ;

Now, therefore I (name) ----------------------------------------------------------------------

Registrar. Trade Unions -----------------------------------------------------------------------

in exercise of powers vested in me under sub‑section (9a) of section 22 of the Industrial Relations Ordinance, 1969, hereby certify that -------------------------------------------------

in the Collective Bargaining Agent for the .workmen employed --------------------------------------------------- With effect from ------------------ day of the month of ------------------------------ of the year 19 --------------------------------------

Given under my band and seal this day--------------------------- 19-----------------

Seal of RTU Registrar of Trade Unions".)

FORM T

[Rule 64(2)]

FORM OF NOMINATION PAPER

Name of Industrial Establishment. Group/Section/Shop/Department.

I propose -----------------------

(Here enter the name of the Workmen's

representative eligible for election)

as a candidate for election to the

Works Council.

Date -------------------------

Signature of Proposer with

Department. and Token No.


I second the proposal.

Signature of Seconder ........................


Department and Token No ...............

I agree to the proposed nomination.

Signature of candidate.

Department and Token No -----------

FORM U

[Rule 75]

NOTICE OF STRIKE

Name of the Registered Trade Union -------------------------

(Having status of the Collective ------------------------------

Bargaining Agent) -------------------------------------------

Address-------------------------

Dated the------------------------- day of------------------------- 19 -----------------------

To


(Name of the‑employer)

In accordance with the provisions contained in sub‑section (3) of section 26 read with section 28 of the Industrial Relations Ordinance, 1969, I hereby give you notice, that I propose to call a strike on --------------- 19 ---------- for the ----------- points of Industrial dispute explained in the annexure.

It is certified that the dispute was represented to the employer/employers on ----------------19 ------------------ for direct negotiation and settlement.

General Secretary of the Union.

Copy to: ‑‑

(i) The Conciliator of the area concerned.

(ii) The Director of Labour Welfare -------------------------

(iii) The Deputy Commissioner------------------------- ----

(iv) The Presiding Officer of the Labour Court concerned.

FORM V

NOTICE OF LOCK‑OUT

Name of employer -------------------------

Address -------------------------

Dated the------------------------- day of------------------------- 19 ----------------

The General Secretary of the Registered Trade Union

(Having the status of Collective Bargaining Agent)

In accordance with the provisions of sub‑section (3) of section 26 read with section 28 of the Industrial Relations Ordinance, 1969, I/We hereby inform you that it is my/our intention to effect a lock‑out with effect from --------------- for the points of industrial dispute explained in the annexure.

It is certified that the dispute was represented to the Collective Bar. gaining Agent on ---------------- 19 ------------- for direct negotiation and settlement.

( )

Here insert the position which the person

who signs this letter holds with employer

issuing this letter.

Copy to:‑

(ii) The Director of Labour Welfare ...............

(iii) The Deputy Commissioner ......................

FORM W

(Rule 76)

MEMORANDUM OF SETTLEMENT

Representing Workers.

Representing Employers.

Short Recital of the Case.

Terms of agreement.

Signature of Parties

Representing Workers

Date---------------------- Before me

Signature of Conciliator of the

area concerned

Copy to :‑‑‑

  1. The Director of Labour, Government of ...............

  2. The Conciliator of the area concerned.

  3. The Secretary, Ministry of Labour, Government of Pakistan, Islamabad.

  4. The Secretary, Labour Department, Government of N.W.F.P., Peshawar.

FORM X

[Rule 77]

Terms of Agreement.

' Representing Workers

Date-----------------------

Cory to :‑

  1. The Director Labour, Government of ..................................

  2. The Conciliator of the area concerned. .

  3. The Secretary, Labour Department, Government of N. W. P. P. Peshawar.]

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