Tuesday, 6 September 2011

Write a note on 1. Collective bargaining agent, 2. Labour Courts

Generally a bargaining power of the employees is very poor as compared to employers. So they adopt the way of collective bargaining to obtain the proper reward of their services. So for this purpose trade unions are organized. Trade unions do the bargaining with the employers on behalf of the worker. Trade unions perform the duty of an agent in the matters of collective bargaining for the workers.

Appointment :-
The collective bargaining agent is appointed in the different ways :

i. Single Trade Union Case :-
In the establishment if there is only one registered union and the member of the members of such union is not less than 1/3 of the total employees. The registrar can certify that trade union as to be collective bargaining Agent, on receiving the application of such trade union.

ii. More Than One Trade Union :-
In this case registrar holds the secret ballot with in 15 days to determine a collective bargaining agent receiving the applications of such trade unions. The number of members of each trade union is not less than 1/3 of the total employees.

Following are the important rights and duties of collective bargaining agent :

1. Rights Of Strike :-
Under rules bargaining agent can declare the strike or may issue the notice of strike.

2. Workmen Representative :-
It is the right of the collective bargaining agent to nominate the representative of workmen on the workers participation fund, or on the Board of Trustee or provident fund.

3. Represent The Proceeding :-
In any proceeding regarding the workmen, a collective bargaining agent can represent all or any of the worker.

4. Auditors Appointment :-
To audit the accounts of the company from workers point of view the collective bargaining agent may appoint the auditor.

5. Shop Steward Nomination :-
To provide link between management and workers, the collective bargaining agent may nominate the shop steward.

6. Right Of Collective Bargaining :-
It is the right of collective bargaining agent to under take the collective bargaining with the employer with respect to the matters connected with the employment.

It is established by the provincial govt. for the settlement of industrial disputes. Each labour court is presided over by a judge. He is also qualified to be a District judge or additional judge of high court.

Following are the important functions and powers of the labour court.

1. Power To Finish The Strike :-
Sometimes due to industrial dispute strike is declared. During the strike matter comes to the labour court. The labour court can prohibit to continue the strike and lock up.

2. Civil Court Powers :-
In case of industrial disputes it is deemed to be the civil court. Labour court also enjoys the powers of civil court. It may compel any one to produce documents, or to attend the court. It can also examine the witness.

3. Magistrate Powers :-
In case of offence labour court also enjoys the first class magistrate powers. The provincial govt. also gives the powers time to time.

4. Withdrawal Of Case :-
Sometimes the cases solved with the mutual consent of both the parties before the decision of the labour court. In this situation labour court allows to withdraw the case.

1. Judgement :-
It is the basic duty of the court that it should give its judgement about the industrial disputes refereed to it.

2. Try Offences :-
Under the industrial relation ordinance and other offences under any law specified by the provincial govt. it can try offences.

3. Powers Assigned By Law :-
It can use all other powers which are assigned to it by law.

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