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Balochistan Amendment Industrial Relations Ordinances/Acts after the 18th amendment of the Constitution
After the 18th amendment of the Constitution of Pakistan abolishing the Concurrent List from the constitution by the amendment of 02-06-2011, the Labour and matters connected with the same have gone in jurisdiction of the provinces.
Previously the Federal Government having jurisdiction in the labour matters enacted/amended labour laws due to which there was uniformity in the labour laws throughout Pakistan which has been disturbed by the 18th amendment of the Constitution. Now provincial Governments are free to make their own labour laws which may have no uniformity thereby creating conflicts and controversies having some provisions different from the last (Federal) Industrial Relations Act, 2011 and having different provisions in the provincial labour laws.
Instead of totally abolishing the Concurrent List it could have been modified, reduced and the subjects under it giving Concurrent jurisdiction to the provinces could have been reduced.
The Federal Industrial Relations Ordinance, 2011 has been made to cover the establishments and trade unions functioning in more than one province as explained in our Circular No. C-130 dated 22-07-2011, but its scope and application is limited to the intra-provincial establishments.
The Balochistan Industrial Relations Act, 2010 followed by the Balochistan Industrial Relations (Amendments) Act, 2015 has made certain amendments in the Balochistan Industrial Relations Act, 2010 which has included Fishing and Agriculture in it. The Rules to be made may provide details of implantation of the same. How this extension of law would be implemented has to be watched as fishing and agriculture are scattered and unorganized.
There are also similar provisions about Fishing and Agriculture provided by the Sindh Industrial Relations Act, 2013. How Government of Balochistan and Sindh implement indusion of Fishing and Agriculture in their laws has to be carefully watched.
Now the provincial Governments are free to make their own labour laws except in respect of intra-provincial establishments and the matters connection with the same as the Federal Government still has jurisdiction in intra provincial matters. The (Federal) Industrial Relations Act, 2008 is no longer applicable to the provinces. The provincial Industrial Relations Acts made by the provinces, there are differences in their provisions thereby distributing uniforming throughout Pakistan and creating conflicts and confusion.
After the 18th amendment the provincial Governments have started making their own labour laws which contain conflicting provisions adding to the confusion. There are conflicting provisions in the Provincial Industrial Relations Acts and also in the Federal Industrial Relations Act, 2011 pertaining to the intra-provincial establishments. One fails to understand the wisdom of totally abolishing the Concurrent List from the Constitution instead of reducing and modifying the List.
The wisdom behind containing the Concurrent List in the Constitution did not reduce jurisdiction of the provinces or the Federal Government thereby avoiding confusion and conflicts between the Federal labour laws on the subjects contained in the Concurrent List. Instead of modifying it and totally abolishing it and creating confusion and constitutional problems has not been warranted and justified.
Since province are free to make their laws as per their choice obviously there would be differences in their provisions creating conflicts and controversies which need to be carefully watched to give our comments on the same.
Since the matter is still fluid we shall give our further comment after all provinces make their separate labour laws on the matter as per their choice. Due to different provinces having jurisdiction to have provisions in their law on the matter of their choice would require more legal consultation on the matter to resolve conflicts.
For M/s S. M. Yaqoob