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QUAID-E-AZAM LAW COLLEGE LAHORE

LLB PART-III
PUNJAB INDUSTRIAL RELATIONS ACT, 2010
UNFAIR LABOUR PRACTICES
Prof. Amna Bakhtiar

1- INTRODUCTION
Unfair labour practices are those, which are not only
undesirable but also prohibited by law. Such practices are abuses on
the part of employers and employee. Labour laws provide a
balanced approach for the protection of rights of employees as well
as of employers.

2- RELEVANT PROVISIONS
Sections 17 & 18 of Punjab Industrial Relations Act 2010
Section 64 of Punjab Industrial Relations Act, 2010

3-CROSS REFERENCE
Sections 64 & 65 of the Industrial Relations Act, 1969

4- INTERPRETATION OF THE TERMS

A- UNFAIR LABOUR PRACTICE

Any conduct prohibited by the state or federal law
governing the relations among employers, employees
and labour organizations. Black’s Law
Dictionary

B- “WORKER” AND “WORKMAN” U/S 2 (xxxi)

I. A person not an employer
II. Who is employed in an establishment or industry
III. Directly or through a contractor
IV. Regardless of terms of employment be express or implied
V. For the purpose of any proceedings in relation to an
industrial dispute
VI. It includes a person
a. Who has been dismissed
b. Discharged
c. Retrenched
d. Laid-off or otherwise removed
e. From employment
VII. It does not include a person employed in managerial and
administrative capacity

C-“EMPLOYER” U/S 2 (viii)

I. Any person or body of persons
II. Whether incorporated or not
III. Who employs workmen in the establishment under a contract
of employment
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IV. It includes
a. An heir, successor or assignee of such person or body;
b. Any person responsible for the management
establishment;
c. In case of establishment run by or Federal Government,
the authority appointed in this behalf or head of the
department;
d. In case of an establishment run by local authority, the
officer appointed in this behalf
In case of any other establishment, the proprietor of such
establishment

5- TYPES OF UNFAIR LABOUR PRACTICES

UNFAIR LABOUR PRACTISE

By Employer By
Workman
Sec 17 Sec 18

6-UNFAIR LABOUR PRACTICES ON THE PART OF EMPLOYERS

WHO MAY ACT ON BEHALF OF EMPLOYER

1) Employer
2) Trade union of employers
3) Any person acting on behalf of either.

I. Imposition of any Condition to restrain worker to join

a trade union
a. In a contract of employment
b. Seeking to restrain the right of worker
c. To join a trade union or
d. Continue his membership of a trade union
II. Refusal to Employ or Continue TO Employment
a. any person on the ground that such person is,
b. or is not a member or office-bearer of a trade union

III. Discrimination in Employment

a. Employer is debarred by law to discriminate amongst

worker on ground of being member of a particular
trade union.
b. Modes of discrimination
i. Promotion
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ii. Terms of employment or

iii. Working conditions

IV. Termination on ground of Trade Union

No employer can
a. Dismiss
b. Discharge
c. Remove from employment or
d. Transfer a workman
on following reasons
 He is member of a specific trade union, or
e. He participates in the promotion, formation or
activities of a trade union

V. Inducement
Employer cannot give any incentive (by offering any
advantage) to some workman
a. To refrain from becoming member of some trade union
b. or cease to become a member or
c. Office bearer of a trade union.

VI. Bar To Compel Office-Bearer Of The Collective

Bargaining Agent
a. For the purpose to arrive at a settlement
b. Employer cannot compel Office Bearer of CBA
c. by through the following:
i. Intimidation
ii. coercion
iii. pressure
iv. threat
v. confinement to a place
vi. physical injury
vii. disconnection of water, power and telephone
facilities and
viii. such other methods

VII. Employer Not To Interfere With Balloting

Interfere with or in any way influence the balloting
(CBA) provided for in SECTION 24

VIII. Recruitment During Strike

Employer cannot recruit during lawful strike under Sec
36

Exception:
a. Where the conciliator having been satisfied that
complete cessation of work is likely to cause serious
damage to the machinery or installation.
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b. Has permitted temporary employment of a limited

number of workmen where the damage is likely to
occur.

IX. Close Down

Employer cannot close down establishment in
contravention of Standing Order 11-A

X. Illegal Lock Out

a. Employer can not
i. Commence
ii. Continue
iii. Instigate or incite others to take part in
iv. Or expend an illegal lock-out.

Sec 64 (2) Penalty for unfair labour practices

A person who contravenes the provisions of section 17,
he shall be liable to fine which may extend to thirty
thousand rupees but not less than ten thousand rupees.

7- WHO MAY ACT ON BEHALF OF WORKMAN

a. Workman
b. Trade union of workmen

UNFAIR LABOUR PRACTICES ON THE PART OF WORKMEN

I. Not to persuade
a. A workman to join or refrain
b. from joining a trade union
c. during working hours

II. Bar to intimidate

Workmen are debarred by law to intimidate (Frighten) any
person from
a. becoming member of a trade union
b. to refrain from becoming member trade union
c. to continue to be member of trade union
d. to cease to be a member
e. or office-bearer of a trade union

III. Inducement
a. Cannot induce by giving incentive (by offering any
advantage) any workman
i. to become or
ii. cease to be member of a particular trade union
b. Can not offer any unfair advantage for the advertising of
some trade union.
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IV. Compelling employer to accept demand

Workmen cannot compel employer by
i. Using intimidation
ii. Coercion
iii. Pressure
iv. Threat
v. Confinement to a place
vi. Physical injury
vii. Disconnection of water, power and telephone
facilities and
viii. Such other methods

V. Illegal strikes
i. Workmen cannot commence or continue illegal strike himself
ii. Instigate or incite others by supplying money
iii. Or otherwise support an illegal strike.
What is an Illegal Strike?
a. Notice by CBA is not given
b. Strike is commenced before 14 days statutory time
period
c. Strike during conciliation proceedings
d. Strike if no industrial dispute taken up by CBA
e. Continuation of strike after orders of prohibition
f. Continued after settlement or award

VI. Go slow motions

a. Definition of Go Slow
i. An organized, deliberate and purposeful slowing
down of normal output
ii. Or the deterioration () of the normal quality of
work
iii. By a group of workmen
iv. acting in a combined manner
b. Exceptions
i. Slowing down of normal output
ii. Deterioration of the normal quality of work which
is due to
a. Mechanical defect
b. Breakdown of machinery
c. Failure or defect in power supply

VII. Trade Union not to Interference in Election of CBA

Trade Union should not interfere with a ballot held u/sec
24 by exercise
i. Undue influence
ii. Intimidation
iii. Impersonation or
iv. Bribery
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Through its executive or through any person

acting on its behalf.
Sec 64 Penalty for unfair labour practices
Penalty for workman:
Sub sec (3) A person who contravenes the provisions of
section 18, other than those of clause (d) of sub-
section (1) thereof, he shall be liable to pay fine which
may extend to twenty thousand rupees but not less
than five thousand rupees.
Penalty for an office Bearer of a Trade Union:
Sub sec (4) An office-bearer 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 18 shall be liable to pay
fine which may extend to thirty thousand rupees but
not less than ten thousand rupees.

8- CONCLUSION