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    Tuesday, 3 November 2015

    Powers and Functions under PIRA

    1. Introduction
    The registrar of Trade Unions is an authority which is appointed to perform various functions with regard to the trade unions, under PIRA 2010. Provisions of section 14 and 15 of PIRA 2010 prescribes the mode of appointment of registrar and his powers and functions. Section 15 concerns and control registrar of Trade unions alone and not the labour court.

    2. Relevant Provisions
    Sec 4, 5 of Industrial Relation Act 2012
    Sect 14, 15 of Punjab Industrial Relation Act 2010

    3. Definition and Appointment of Registrar
    Registrar means Registrar of Trade Unions appointed by the Provincial Govt. under section 14. The Provincial Govt. shall notify the fact of appointment in the official Gazette.

    4. Powers and Functions of Registrar

    Following are the powers and functions of Registrar under PIRA 2010.

    a. Registration of Trade Union
    It is the duty of the Registrar that when an application for registration is made to satisfy himself that a trade union has complied with all the requirements of this ordinance and if so then to register the Trade Union u/sec 9 and issue a registration certificate in prescribed form.

    b. Maintenance of Register
    Registrar also has to maintain a register for the purpose registration and register the Trade union in it.

    c. Lodging of complaints
    The Registrar has the power either to lodge himself or authorizes any person to lodge complaints with the labour court for action including prosecution against trade unions, employers, workers or other persons;
    i. for any alleged offence, or
    ii. any unfair labour practice or
    iii. violation of any provisions of PIRA 2010 or
    iv. for expending the funds of a trade union in contravention of the provisions of its constitution.

    d. Determination of Collective Bargaining Agent
    An application can be made by an registered trade union in an establishment or a group of establishment or industry, to the registrar to be certified as collective bargaining agent.

    e. Poer to inspect and investigate
    Registrar has the power to inspect the accounts and records of the registered trade union investigage or hold such inquiry as he deems fit and this he may do so either personally or though any officer which is subordinate to him and authorized by him in writing in the behalf.

    f. Other powers and Functions
    Registrar can also exercise such powers and functions as may be prescribed by rules.

    5. Status of Registrar
    By virtue of section 75 of PIRA 2010, a registrar shall be deemed to be public servant within the meaning of section 21 of P.P.C.

    6. Conclusion
    To conclude, I can say, that the Registrar of Trade Unions enjoys overall and general control on the Trade unions to the extent that they work in accordance with Punjab Industrial Relation Act 2010 and its constitution. Otherwise Trade Union are free to pursue their policies.



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    Item Reviewed: Powers and Functions under PIRA Rating: 5 Reviewed By: Usman Ali
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